JUDGMENT

Arijit Pasayat, J.-These two appeals relate to the common judgment of Karnataka High Court whereby the judgment of acquittal passed by the Trial Court was set aside. Augustine Saldanha-appellant in Criminal appeal No. 854/1996 was held guilty of offence punishable under Section 302 of Indian Penal Code, 1860 (in short IPC ) and sentenced to undergo imprisonment for life. Rocky Saldanha-appellant in Criminal appeal no. 1734/1996 was found guilty for offences punishable under Section 324 IPC and sentenced to undergo imprisonment for one year. They were also sentenced to pay fine of Rs. 5,000/- and Rs. 1,000/- respectively with default stipulation of six months SI and one month SI respectively. Accusations which formed foundation of prosecution version are essentially as follows:

2. On 17-5-1989 Paul Saldanha (hereinafter referred to as the deceased ) and Felix Saldanha (PW1) were returning to their houses after viewing a movie. When they reached near the house of the appellants, accused Augustine and Rocky along with Henry Saldanha (acquitted) assaulted the deceased. They were armed with sticks. As a result of the assaults the deceased breathed his last while PW1 suffered gr