JUDGMENT :

Learned counsel for the accused has argued the Criminal Appeals through Video Conference and agreed that quality of audio and video is proper. Sri Vijaya Kumar Majage, learned Addl. SPP argued the matter being present in the open Court.

2. Criminal Appeal No.477/2015 is filed by the appellant accused against the Judgment & Order of conviction and sentence dated 18/26th February 2015 made in S.C. No.05/2013 on the file of the Fast Track Court-II, Chintamani, convicting the accused for the offence punishable under Section 302 of IPC and sentencing him to undergo simple imprisonment for ten years and to pay fine of Rs.20,000/and in default of payment of fine to undergo simple imprisonment for a period of six months, with a prayer to set aside the said Judgment and order of conviction and sentence.

3. Criminal Appeal No.300/2016 is filed by the State to modify the Judgment & Order of conviction and sentence dated 18/26th February 2015 made in S.C. No.05/2013 in so far as it relates to imposing lesser sentence of ten years for the offence punishable under Section 302 of IPC, instead of death or imprisonment for life.

4. Since both the appeals are arising out of the common Judgmen