JUDGMENT :

C. NAGAPPAN, J.

1. Leave granted.

2. These two appeals are preferred against the common judgment dated 2.4.2014 of the High Court of Uttarakhand at Nainital, in Criminal Appeal No. 68 of 2003 and Criminal Appeal No. 96 of 2003.

3. Both the appellants were accused nos. 1 and 2 in S. T. No. 80 of 1998 on the file of Additional Sessions Judge (Fast Track Court) Almora and they were tried for the offences under Section 307 and 452 of Indian Penal Code. The Trial Court found them guilty of both the charges and sentenced them each to undergo 7 years rigorous imprisonment and pay a fine of Rs. 5000/-and in default to undergo imprisonment for six months for the offence under Section 307 IPC and further sentenced them each to undergo rigorous imprisonment for period of 3 years and pay a fine of Rs. 1000/-with default sentence for the offence under Section 452 IPC.

4. Aggrieved by the conviction and sentence both the accused preferred independent criminal appeals and they were heard together and the High Court dismissed both the appeals by the impugned judgment. The said judgment is under challenge now.

5. When these appeals by way of special leave petitions came up for preliminary