JUDGMENT :

B.V.L.N.Chakravarthi, J.

Appellant in Criminal Appeal No.274 of 2015 is Accused No.1 and the appellant in Criminal Appeal No.136 of 2015 is Accused No.2. The appellants along with Accused No.3 (died pending trial) were tried in Sessions Case No.280 of 2008 on the file of the learned X Additional Sessions Judge, Krishna, Machilipatnam.

2. Originally, A2 and A3 were tried for the offences punishable under Sections 457, 397 and 302 I.P.C., and A1 was tried for the offences punishable under Sections 457, 397 and 302 r/w 34 I.P.C., for causing the death of Pitchuka Srinivasa Rao (hereinafter, referred to as “the deceased”) by trespassing into his house at the time of committing robbery on the night of 03.02.2008 at 9.30 p.m.,

3. Vide judgment dated 19.01.2015, the learned X Additional Sessions Judge, Krishna, Machilipatnam convicted accused No.2 for the offences punishable under Sections 457, 397 and 302 I.P.C., and convicted Accused No.1 for the offence punishable under Sections 457, 397 and 302 r/w 34 IPC and sentenced Accused No.1 to undergo rigorous imprisonment for a period of five years and also to pay a fine of Rs.2,000/-, in default of payment of fine, to undergo simple imprisonment for three months for the offence u/s 457 IPC, he is further sentenced to undergo rigorous imprisonment for a period of one year and also to pay a fine of Rs.2,000/-, in default of payment of fine, to undergo simple imprisonment for three months for the offence u/s 397 IPC and he was also sentenced to undergo life imprisonment and to pay a fine of Rs.3,000/-, in default of payment of fine, to undergo simple imprisonment for a period of one year for the offence u/s 302 IPC. Accused No.2 was sentenced to undergo rigorous imprisonment for a period of five years and also to pay a fine of Rs.2,000/-, in default of payment of fine, to undergo simple imprisonment for three months for the offence u/s 457 IPC, he is further sentenced to undergo rigorous imprisonment for a period of seven years and also to pay a fine of Rs.2,000/-, in default of payment of fine, to undergo simple imprisonment for one year for the offence u/s 397 IPC and he was also sentenced to undergo life imprisonment and to pay a fine of Rs.3,000/-, in default of payment of fine, to undergo simple imprisonment for a period of one year for the offence u/s 302 IPC. Challenging the said conviction and sentence imposed by the learned X Additional Sessions Judge, the accused 1 and 2 preferred these two separate Criminal Appeals under Section 374(2) Cr.P.C.,

4. The facts, as culled out from the evidence of the prosecution witnesses, are as under :

P.W.1 is the wife of the deceased, who was a retired Ayurvedic Medical Officer and after retirement he was practicing at their house at Nidumolu. They both were residing in their own house opposite to Check-post, Nidumolu. Their two daughters and one son were in London.

On 03.02.2008 at 9.30 p.m., while P.W.1 was watching T.V., the deceased went outside to close the door of the compound wall and to lock the mesh of the verandah, which was being used as waiting room of patients and a room to the north of verandah was being used as consultation room/examination room by the deceased.

P.W.1 heard sounds from the consultation room and her husband was shouting as ‘dongalu dongalu’. Then she rushed to the consultation room and found two culprits pressing the neck of her husband with a towel and among them Accused No.3 was sitting on the stomach by laying her husband on the examination table and Accused No.2 was showing a knife to her and her husband and threatened them not to raise alarm, otherwise they will kill them. Accused No.2 caught hold of her ‘Mangala Sutram’ chain, dragged her up to verandah and she received injury on back of her neck. A2 attempted to remove her gold bangles forcibly, so she removed her four bangles and handed over to him. A2 attempted to remove her gold ring, then she herself removed the same and handed over to him. A2 demande