ORDER :

1. These two appeals arise out of common judgment dated 29.11.2003 passed by Additional Session Judge Korba, District – Korba in Sessions case No. 268/2003 and therefore both these appeals are heard and decided together. By the impugned judgment dated 29.11.2003, the accused Gayatri Bai, Shanti Bai and Chherka Ram have been acquitted from the charges under Sections 304-B/34 and 306/34 of IPC whereas the accused Rajesh has been acquitted from the charge under Section 304 B/34 of IPC whereas he has been convicted for the offence under Section 306/34 of IPC and sentenced for R.I. for 3 years with fine of Rs. 100/- in default of payment of fine additional simple imprisonment for 10 days. Against the conviction and sentence of the accused Rajesh Kumar the criminal appeal No. 1343 of 2003 has been filed by accused/appellant Rajesh Kumar. Against the insufficiency of sentence, the State has filed a Criminal appeal No. 216 of 2004 under Section 377 of Cr.P.C. for enhancement of sentence imposed upon the accused Rajesh Kumar. Although in the appeal filed by the State they have made acquitted accused persons also as the party respondent but in view of the facts and grounds mentioned i