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Since all these appeals are arising out of the common judgment and order passed by the II Additional Sessions Judge, Chikmagalur, in SC.No.139/2008, dated 4/5.8.2014 and since common question of facts and law are involved in the appeals, they were taken up together to dispose of them by this common judgment.

2. By the impugned judgment and order, accused Nos.1, 4, and 5 have been convicted for the offences punishable under Sections 449, 302 307 r/w. Section 34 of IPC and accused Nos.2 and 3 are acquitted of the offences punishable under Sections 120B, 449, 307, 302 r/w. Section 34 of IPC. As against the conviction and sentence, accused Nos.1, 4 and 5 have preferred Criminal Appeal Nos.808/2014, 810/2014 and 938/2014 respectively, whereas the victim-complainant and the State being aggrieved by the order of acquittal passed in respect of accused Nos.2 and 3 have preferred Criminal Appeal Nos.802/2014 and 94/2015 respectively.

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under Sections 302, 307 r/w. Section 34 of IPC. After completion of investigation, charge sheet was filed under Sections 449, 302, 307, 120B r/w. Section 34 of IPC. Thereafter, the committal Court committed the case to the Sessions Court after complying the mandatory provisions. The Sessions Court took cognizance and secured the presence of the accused. After hearing the learned Public Prosecutor and the learned counsel for the accused, prepared the charge for the offences punishable under Sections 120B, 449, 302 307 r/w. Section 34 of IPC, which was read over and explained to the accused. They pleaded not guilty and intended to face the trial and as such the trial was fixed.