1. In CC 441 of 1981 the Judicial First Class Magistrate, Kanjirappally tried three accused for offences punishable under S.394 and 109 read with S.34 of the Indian Penal Code. Third accused was acquitted. Accused 1 and 2 were convicted for the offence under S 394 IPC and each of them was sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs.1,000/- with a default sentence of rigorous imprisonment for two months.

2. Crl. A. 80/83 filed by the second accused was allowed by the Sessions Judge, Kottayam and he was acquitted. Crl. A. 81/83 filed by the first accused was partly allowed altering the conviction under S.394 to one under S.379 IPC and reducing the sentence to rigorous imprisonment for two years.

3. Crl. A. 377/84 was filed by the State challenging the acquittal of the second accused and alteration of the head of conviction as well as reduction of sentence as against the 2nd accused. Crl. RP 57/84 was filed by the first accused against his conviction and sentence by the Sessions Judge. Both were heard together.

4. Pw.2 is the victim. He is running a tea shop. Accused 1 and 2 belong to the adjacent village. They have no acquaintance or as