CHIDANANDA ULLAL, J.

( 1 ) THESE two appeals are interconnected. The first appeal is directed against the judgment and order of conviction of the respondents for the lesser or minor offences under S. 326 read with S. 34 of IPC and under S. 341 read with S. 34 of IPC and further as against their release under Ss. 3 and 4 of the Probation of Offenders Act, 1961 (hereinafter referred to as 'p. O. Act') by execution of a bond for one year to maintain good conduct, when the original charge as against them was u/ss. 341, 324 and 307 of IPC whereas the second appeal is directed against the order of acquittal passed by the learned Sessions Judge, Chickmagalur u/s. 307 of IPC. Both the appeals are filed by the State represented by the learned SPP.

( 2 ) WE heard the learned SPP appearing for the appellants in both the appeals and the learned counsel, Sri B. R. Deshpande appearing along with Sri Sampath Anand Shetty for the respondents-accused. We have also perused the case records in both the appeals and further perused the case records in S. C. No. 27/87 of the learned Sessions Judge.

( 3 ) THE facts of the case leading to filing of the above two appeals can shortly be narrated as hereunde

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