JUDGMENT

C. NAGAPPAN, J.

1. Leave granted in both the appeals.

2. Both the appeals are preferred against the judgment dated 14.7.2011 passed by the High Court of Judicature at Bombay, Nagpur Bench at Nagpur in Criminal Appeal No.284 of 1998, whereby the High Court partly allowed the said Criminal Appeal filed by respondents 2 to 4 herein/accused 1 to 3 and thereby set aside their conviction and sentence under Section 302 read with Section 34 IPC and instead convicted them for offence under Section 304 Part-II read with Section 34 IPC and sentenced them to imprisonment for period already undergone and directed them to pay jointly and severally a sum of Rs.1,05,000/-to PW1 Narayan Patil and family members of the deceased as compensation in default to undergo rigorous imprisonment for two years and the High Court maintained the conviction of the accused persons under Section 324 read with Section 34 IPC but reduced the sentence to the period already undergone. Aggrieved by the same the State has preferred Criminal Appeal No. 443 of 2015 (@ SLP(Crl.) No.1505 of 2012. The complainant Tukaram Dnyaneshwar Patil also preferred appeal in Criminal Appeal No. 442 of 2015 (@ SLP(Crl.) No.1506 of