JUDGMENT

Santosh Hegde, J.-The short question which arises for our consideration in this appeal is whether the High Court was justified in concluding that the convicted appellants before it were not guilty of an offence punishable under Section 302 IPC as has been held by the trial court and holding the said appellants guilty of a lesser offence punishable under sections 324 and 325 IPC? For the purpose of deciding this question, we will deal with only such facts as are necessary for disposal of this appeal.

2. In view of the findings of the trial court as affirmed by the High Court against which there is no appeal by the convicted accused, the fact that in the incident as alleged by the prosecution on 8.4.1989 at 4.45 a.m. PWs 2 and 3 suffered injuries as also the fact that in the second incident which took place at 5.15 a.m. the mother and brother of PWs 2 and 3 were injured and because of the injuries so suffered one of the victims Narsimha Reddy died on 13.4.1989, is not disputed. Therefore, the incidents as found by the trial court and the High Court against the appellants has become final. In that background, the trial court convicted A-1, A-2, A-5 to A-8 of the offence under