JUDGMENT

A.K. Mathur, J.-This appeal is directed against an order of the Karnataka High Court whereby the Division Bench of the High Court has acquitted all the six accused persons by its order dated April 3, 1998 passed in Criminal Appeal No. 962 of 1996. Hence the present appeal has been filed against the order of acquittal of the aforesaid six accused persons.

2. Brief facts which are necessary for disposal of this appeal are that a charge-sheet was filed by Kavalande Police-Station against 17 accused persons under Sections 143, 147, 148, 341, 302 and 324 of the Indian Penal Code (hereinafter to be referred to as "I.P.C.") read with Section 149, I.P.C. Allegations were that accused 1 to 17 on March 24, 1996 at about 4.00 p.m. at Mallahalli village, Nanangud Taluk, formed an unlawful assembly with the common object to cause the death of Dasanaika, husband of P.W. 1. In pursuance of such common object such assembly was formed and they were armed with deadly weapons like Chopper, iron rod, clubs and stones. All the accused persons wrongfully restrained Dasanaika and murdered him intentionally causing injuries. They also caused injuries on P.W. 4 by stone. It is alleged that there are