Mohan M. Shantana Goudar, J.

1. The judgment and order dated 26.07.2010 passed by the Addl. Sessions and Fast Track Court, Hassan, in Sessions Case No. 137/2003 is the subject matter of these two appeals.

By the impugned judgment the Trial Court convicted accused Nos. 2, 3 and 4 for the offences punishable under Sections 341, 326 r/w 34 of IPC. The accused were sentenced to undergo imprisonment for one month for the offence punishable under Sections 341r/w 34 of IPC and were sentenced to undergo three years of imprisonment and to pay fine of Rs. 15,000/- for the offence punishable under Section 326 r/w 34 of IPC. Default clause is also imposed by the Trial Court. By the very judgment, the Trial Court acquitted the accused for the offences punishable under Sections 143, 147, 427, 506, 307 r/w 149of IPC.

2. Criminal Appeal No. 918/2012 is filed by the victim (PW.5) praying this Court to convict the accused for the offence punishable under Section 307 of IPC. Criminal Appeal No. 828/2010 is filed by the convicted accused praying for their acquittal.

3. The case of the prosecution in brief is that at about 9.45 p.m. on 16.12.2002, these accused including the appellants in Crimina