MIRDHE, J.

Criminal Appeal No. 103/1992 is preferred by the State against the judgment dated 12-11-1991 passed by the Principal Sessions Judge, Dharawad, in S.C. No. 70/1987 acquitting the respondent-accused of the offence punishable under Section 302, I.P.C. and Sections 3 and 25 of the Arms Act. Criminal Appeal No. 582/1991 is preferred by the appellant-accused against the judgment dated 12-11-1991 passed by the Principal Sessions Judge, Dharawad, in S.C. No. 70/1987, convicting the appellant-accused for the offences punishable under Sections 304, Part-I, 326 and 324, I.P.C. and sentencing him to undergo rigorous imprisonment for 5 years, 2 years and 1 year respectively and ordering the sentence to run concurrently.

2. Since both these appeals are preferred against the same judgment, we have heard them together and we are passing a common judgment in both these appeals.

3. We have heard Sri A. B. Patil, learned Additional State Public Prosecutor, for the State, and Sri R. B. Deshpande, learned counsel for the accused, fully and perused the records of the case.

4. Thecase of the prosecution is as follows :

P.W. 7 Kallappa is the nephew of deceased Shekappa and P.W. 8 -M