Since both the appeals arise out of the same judgment and common questions of facts and law arise for consideration in these appeals, both the appeals are heard together and disposed off by this common judgment.

2. The appeal in Crl.A.1260 of 2012 is preferred by the appellant – Accused No.3 Rajesh and the appeal in Crl.A.893 of 2015 is preferred by the appellant – Accused No.2 Raveen @ Appu, against the impugned judgment of conviction and sentence dated 14.09.2012 passed by the Presiding Officer, Fast Track Court, Tiptur, in S.C.No.279 of 2011. By the said judgment, the court below has convicted both the accused for the offences punishable under Sections 392, 394 and 302 IPC and has sentenced them to undergo rigorous imprisonment for 5 years and to pay a fine of Rs.10,000/- each for the offence punishable under Section 392 IPC, to undergo rigorous imprisonment for seven years and to pay a fine of Rs.20,000/- each for the offence punishable under Section 394 IPC and further to undergo life imprisonment and to pay a fine of Rs.25,000/- each for the offence punishable under Section 302 IPC, which sentences were to run concurrently.

3. The brief facts of the prosecution case are as follows:

On 18.07.2011 at 11.00 p.m., in the house of PW-3 Nataraju which was taken on lease by Smt. Vijayamma situated at C.B. Compound, Tiptur within the jurisdiction of Town Police Station, Tiptur, Accused Nos. 1 to 3, with a common intention of robbing her, had entered her house. It transpires that Vijayamma was standing in the kitchen. The three accused who had entered her house saw Vijayamma in the kitchen. Before she could shout for help, accused No.3 had at once closed her mouth with his hand, as a result of which Vijayamma fell down. The accused No.1 had tightly held both her hands and Accused No.2 had stabbed her neck using a sharp-edged knife, which had led to grievous hurt to her neck, as a result of which she fell dead. After she fell dead, the three accused snatched away the gold ornaments worn by her including some valuables, and left the place.

On 19.07.2011 at about 11.00 a.m., Vijayamma’s relative one Sridhar had accidentally come to visit her. On finding Vijayamma dead in a pool of blood, he had immediately informed Vijayamma’s sister, who had at once come there along with her husband and son. Then, the said Ramarathnamma, sister of the deceased Vijayamma, had filed a complaint on the next day before the Tiptur police. In the said complaint, she had mentioned that on 18.07.2011, at about 4.00 p.m., she along with her sister Vijayamma had gone out to attend Bhajans after which both of them had gone back to their respective houses. On 19.07.2011 at about 11.00 a.m., their relative Sridhar who had gone to visit Vijayamma on finding her dead, had informed the complainant, after which she had rushed to Vijayamma’s house. She has further stated in her complaint that Vijayamma was lying dead in the kitchen, and on seeing blood stained injuries on her neck, she found that her sister had been killed by someone. She also noticed that the almirah in the bedroom was wide open and the clothes and things were turned topsi-turvy. Further, the gold ornaments worn by Vijayamma such as gold chain, two gold bangles, ear studs and hangings were found missing from her person. In pursuance of the complaint filed by the complainant before the police, the crime came to be registered against unknown persons. It is only thereafter, after further investigation that the FIR came to be lodged against Accused Nos.1 to 3. Thereafter, the case was proceeded for investigation by the Investigating Officer who has investigated the case and lodged a charge-sheet against the accused for the offences punishable under Sections, 392, 394 and 302 read with Section 34 of IPC.

4. The Trial Court had framed charges for the offences under Sections 392, 394, 302 read with Section 34 IPC, where the accused did not plead guilty but they claimed to be tried. Subsequently, to s