Budihal R.B., J.

1. Since these two appeals are arising out of the common judgment and since common questions of law and facts are involved in both the appeals, they have been taken up together to dispose of them by common judgment. Cri. Appeal No. 764 of 2009 is preferred by the appellant/accused being aggrieved by the judgment of conviction passed by the Principal District and Sessions Judge, Bangalore Rural District in Special Case No. 63 of 2004, dated 8-9-2009.

2. Cri. Appeal No. 284 of 2010 is preferred by the appellant-complainant being aggrieved by the judgment and order of inadequate sentence dated 8-9-2009 passed by the Principal District and Sessions Judge, Bangalore Rural District in Spl. Case No. 63 of 2004.

3. The case of the prosecution in brief is that one Shamanna is the complainant in this case. It is alleged that complainant is a resident of Vijayapura Village of Devanahalli Taluk. Smt. M. Nagarathnamma is his elder sister. In Sy. No. 287 of Vijayapura, property measuring 35 x 35 feet (site) stands in the name of his elder sister's husband's father viz., Chikkaveerappa. The said site is in possession of M. Nagrathnamma, her husband had died. She sought for c