A.V. Nirgude, J.

1. Both these appeals arise from the judgment and order dated 1st September, 1999 passed by the learned Additional Sessions Judge, Osmanabad in Sessions Case No.41 of 1999.

2. The parties to the appeals would be referred to as their original designation before the trial Court. The sessions case was filed against two accused. They were charged under Section 302 and 307 read with Section 34 of the Indian Penal Code. The learned Judge of the trial Court vide impugned judgment held that Accused No.1 was guilty of offence punishable under Section 304 Part II of the Indian Penal Code and sentenced him to Rigorous Imprisonment for five years and to pay a fine of Rs.5,000/- with a default clause. The learned Sessions Judge found Accused No.2 guilty under Section 324 of the Indian Penal Code and sentenced him to suffer one year Rigorous Imprisonment and to pay a fine of Rs.2,000/- with default clause. The learned Sessions Judge acquitted both the accused for the offence punishable under Sections 302 and 307 read with Section 34 of the Indian Penal Code.

3. On one hand, Accused No.1 – Sunil filed Criminal Appeal No. 352 of 1999 challenging his conviction under Se