JUDGEMENT :

G. A. Sanap, J.

1. These two appeals arise out of judgment and order dated 16.03.2009 in a Sessions Case No.06/2007. Criminal Appeal No.237/2009 has been filed by the appellants against the conviction and sentence. The Criminal Appeal No.398/2009 has been filed by the State against the order of the acquittal of the accused for the offences punishable under Section 302 read with Section 34 of the Indian Penal Code.

2. The appellants in Appeal No.237/2009 and the respondent Nos.1 to 4 in Criminal Appeal No.398/2009 were accused Nos.1 to 4 in the Sessions Trial. Learned Additional Sessions Judge convicted the accused Nos.1 and 4 for the offence punishable under Section 304 Part II read with Section 34 of the Indian Penal Code and sentenced them to suffer rigorous imprisonment for seven years and to pay a fine of Rs.1,000/- each and in default of payment of fine to suffer simple imprisonment for one month. Learned Additional Sessions Judge convicted the accused Nos.1 and 4 for the offences punishable under Section 342 read with Section 34 of the Indian Penal Code and sentenced them to suffer rigorous imprisonment for three months and to pay a fine of Rs.500/- each and in defau