JUDGMENT

Since these two proceedings are arising out of the same order and since common questions of law and facts are involved in these proceedings, they are taken up together to dispose of them by this common Judgment.

The appellant-State preferred the appeal challenging the validity and legality of the judgment and order of the First Appellate Court allowing the appeal partly and reducing the sentence imposed on the respondent – accused.

2. The revision petition is preferred by the petitioner - accused being aggrieved by the judgment and order of conviction passed by the Trial Court dated 24.06.2008 passed in C.C.No.719/2008 by the JMFC III Court at Bijapur, so also being aggrieved by the judgment and order of the First Appellate Court dated 15.02.2011 passed in Crl.A.No.45/2008 by the II Addl. Sessions Judge, Bijapur the revision petitioner challenged the judgment and orders of the courts below on the grounds as mentioned in the memorandum of the petition.

3. Brief facts of the prosecution case before the Trial Court that on 31.01.2008 at about 6:50 a.m. the complainant who being the Railway PSI along with his staff were checking passengers on the arrival of Bagalkot – Solapur trai