(1.) THESE two appeals are filed challenging the judgment dated 30.12.2008 passed by the learned I Addl. Sessions Judge, Shimoga in S.C.No.84/2008, convicting the accused Nos.2 and 3 therein for offence under Section 394 IPC and sentencing each of them to suffer simple imprisonment for 5 years and to pay a fine of Rs.10,000/- with no default sentence.
(2.) THE State has filed Crl. A. No. 271/2009 for enhancing of sentence passed against accused No.2 and 3 only, while accused No.3 has filed Crl.A.92/2009 challenging the judgment of conviction passed against him by the learned Sessions Judge. As both these appeals arise out of the Judgment in SC No.84/2008, they are taken up together for the purpose of disposal.
(3.) THE prosecution in order to prove the case has examined in all 11 witnesses and got marked Exs. P-1 to P-11 and produced MOs - 1 to 6. The defence of the accused was one of total denial. However, by the impugned judgment, the learned Sessions Judge was pleased to convict the accused Nos.2 and 3 for the offence under Section 394 IPC and sentenced them to undergo simple imprisonment for 5 years and to pay fine of Rs.10,000/- with no default sentence while acquitting accused No.1 of the offences charged against him.