- (1.)Leave granted in both the special leave petitions. CRMP No.3134 of 2013 and CRMP No.13115 of 2013 seeking extension of time for deposit are allowed.
(2.)The appeals are preferred against the judgment dated 13.9.2011 passed by the High Court of Karnataka Circuit Bench at Dharwad in Criminal Appeal no.838 of 2005.
(3.)The appellants in both the appeals are accused nos. 1 and 2 respectively in C.C. no.135 of 2001 on the file of Principal J.M.F.C., Honnavar and they were tried for the offences punishable under Sections 409 and 467 of IPC and the Trial Court acquitted them of the charges. Challenging the same the State preferred appeal in Criminal Appeal no.838 of 2005 on the file of the High Court of Karnataka and the High Court after hearing both sides allowed the appeal and set aside the judgment of acquittal and found both the accused guilty of the charges framed and sentenced them each to undergo one year simple imprisonment and to pay a fine of Rs.10,000/-, in default to undergo simple imprisonment for three months for the offence punishable under Section 467 read with Section 34 IPC and further sentenced them each to undergo one year simple imprisonment and to pay a fine of Rs.10,000/-, in default to undergo three months simple imprisonment for the offence punishable under Section 409 read with Section 34 IPC and directed the sentences to run concurrently. Challenging the conviction and sentence both the accused have individually preferred these appeals.