Judgment

Nanavati, J.-These two appeals arise out of the common judgment of the High Court of Karnataka in Criminal Appeal Nos. 334/86, 341/86 and 425/86. Criminal Appeal No. 634/89 is filed by the State of Karnataka against 13 respondents originally accused Nos. 1 and 5 to 16 and who had filed a separate appeal in the High Court. Criminal Appeal No. 635/89 is filed against 3 respondents, original accused Nos. 2 to 4 and who had also filed a separate appeal before the High Court.

2. The prosecution case was that P.W. 4 had a share in the land bearing No. 180/1 and that accused Nos. 1 to 4 were obstructing him in culti­vation of the said land. P.W. 4 had, therefore, on the day prior to the day of incident filed an application before the police complaining against accused Nos. 1 to 4. On 4.10.1984 between 12.30 p.m. and 1.45 p.m. all the 16 accused armed with deadly weapons went to the said field to take possession of the land. In the field Rudragowda, Sidda­gowda, Balasaheb Eragowda P.W. 3 Irappa, P.W. 4 Kadappa, P.W. 5 Maha­dev, P.W. 7 Sadashiva and P.W. 9 Ningappa were present. All the ac­cused started beating those persons as a result of which 4 persons namely, Rudragowda, Siddago