JUDGMENT

SUDHANSU JYOTI MUKHOPADHAYA,J.

1. These appeals are directed against the judgment dated 9th December, 2002 passed by the High Court of Karnataka at Bangalore in Criminal Appeal No.326/99 c/w Criminal Appeal No. 310/99. By the impugned judgment High Court reversed the judgment of Addl. District and Sessions Judge, Bangalore Rural District, Bangalore in S.C. No. 42/88 by acquitting accused no.3 who stood charged under Section 302/34 IPC and partly allowed the appeal filed by accused no. 2 by modifying the conviction from offence punishable under Section 302 IPC to the offence under Section 326 IPC.

2. Criminal Appeal No. 165 of 2004 has been filed by the appellant-Seena @ Srinivasa (accused no.2) against the order of conviction and sentence under Section 326 IPC. Criminal Appeal Nos. 166-167 of 2004 have been preferred by the State of Karnataka;

(i) against the acquittal of accused no. 3-Ramanna @ Rama and

(ii) against modifying the conviction of accused no. 2 Seena @ Srinivasa from the offence punishable under Section 302 IPC to offence punishable under Section 326 IPC.

3. Original accused no. 1 Chaluvaiah @ Chaluva and accused no. 3-Ramanna @ Rama are brothers while accused no.