Mohan M. Shantanagoudar, J.- The order of judgment and conviction dated 13th November, 2009 passed by II Additional Sessions Judge, Mysore in S.C. No. 217 of 2007 is called in question in these two appeals by the convicted accused.

Both the accused were tried and convicted for the offences punishable under Sections 302 and 201 of Indian Penal Code, 1860.

Cri. A. No. 871 of 2011 is filed by accused 2 and Cri. A. No. 824 of 2013 is filed by accused 1.

2. Case of the prosecution in brief is that deceased Raghu and the accused were friends; deceased was initially working at Mysore in the shop of P.W. 4-Suresh Kumar Jain, who was owning a jewellery shop; deceased was goldsmith by profession; accused were also goldsmiths by profession; deceased and both the accused were co-workers in the very shop of P.W. 4 at initial stage; subsequently, deceased went to his native place at Hassan and joined the shop of P.W. 21-H.K. Ganesh; the owner of the shop at Hassan viz., P.W. 21 used to send the prepared gold ornaments to the shop of P.W. 4 for handing over the same; in turn P.W. 4 used to send back equal amount of gold ingots apart from making charges to P.W. 21 through deceased; on the d