Judgment

J. L. KAPUR J. : These two appeals under Art. 134(1) (c) of the Constitution arise out of the judgement and order of the High Court of Mysore at Bangalore confirming the convictions and sentences passed upon the appellants who were accused Nos. 2, 3 and 4 respectively by the Third Additional District Judge, Bangalore.

2. Accused Nos. 1, 5 and 6 who have been acquitted : and the appellants were charged as follows :

" I. . . . .. .. . . hereby charge you A-1 Sanjeeva Rao, A-2 Srikantiah, A-3 Sidda, A-4 Kidaripathi, A-5 Hanumantha and A-6 Pujari Anantha as follows :

1. That you on or about the 25th day of August 1952 at Mayasandra in Magadi Taluk were members of an unlawful assembly the common object of which was to murder deceased Anne Gowda and thereby committed an offence punishable under S. 143 of the Indian Penal Code and within the congnizance of the Court of Sessions.

2. That you A-2 Srikantiah, A-3 Sidda, A-4 Kadaripathi, A-5 Hanumantha and A-6 Pujari Anantha, on or about the 25th day of August 1952 at Mayasandra in Magadi Taluk did commit murder by intentionally causing the death of Anne Gowda and thereby committed an offence punishable under S. 302 of the Indian Penal Co