Mohan M. Shantanagoudar, J.

The judgment and order dated 22nd June, 2012 passed by the Principal Sessions Judge, Kolar in Sessions Case No. 124 of 2009 acquitting accused nos.1 and 2 of the offences punishable under Sections 302 and 392 read with Section 34 of the Indian Penal Code, 1860 and sentencing accused no.1 for the offence punishable under Section 379 of IPC is the subject-matter of these two appeals.

Crl. A. No. 1073 of 2012 is filed by the State questioning the judgment and order of acquittal passed by the Trial Court acquitting the accused for the offences punishable under Sections 302 and 392 read with Section 34 of IPC and convicting accused 1 for the offence punishable under Section 379 of IPC, whereas Cri. A. No. 779 of 2012 is filed by accused no.1-appellant questioning the judgment and order of sentence convicting him for the offence punishable under Section 379 of IPC.

2. The case of the prosecution in brief is that deceased Narayanamma was aged more than 70 years; the complainant is the husband of deceased 11 Narayanamma and their marriage was performed about 58 years prior to the date of the incident; the complainant and deceased Narayanamma had two sons