JUDGMENT

Shah, J.-These appeals as filed by convicted accused wherein it is alleged that accused belong to Congress party and deceasd No. 1- Kengegowda belonged to Janata Party and was the Pradhan of Karimuddenhalli. Deceased No. 2 - Govindegowda was the younger brother of Kengegowda and he was President of the Milk Producers Co-operative Society and both were leaders of Janata Party. During the elections to the Mandal Panchayat in the year 1988, Kengegowda was elected to the Panchayat. Because of the said elections, disputes including criminal cases were pending in the Court. It is the prosecution story that on 02.5.1989 at about 5.30 p.m. deceased Kengegowda alongwith witnesses was sitting near Srikantachar s shop and was chitchatting. At a distance of 8.10 ft. other witnesses were also sitting and chitchatting. That is, in all deceased Kengegowda, PW1 to PW6, CW5 and CW8 were present at the scene of offence. At that time, A1 to A3 followed by another 20 to 25 accused came running to the direction from the house of A12 holding choppers, clubs and stones etc. They all came in a group. As the aforesaid witnesses were about to get up, A1 to A3 assaulted deceased Kengegowda by chopper