JUDGMENT

NATARAJAN, J. :— An orgy of violence between the hours of 2 to 5 p.m. on the afternoon of 28-1-1979 in village Kawaloor, Taluk Yadgir, in the limits of Yadgir Police Station in Karnataka State, resulted in the death of five persons (four on the same day and one on 4-2-1979), several persons injured and some houses burnt. In connection with the incidents, 33 persons were sought to be prosecuted under relevant sections of the Indian Penal Code for the offences of rioting, murder, attempt to commit murder, causing of simple and grievous hurt and mischief by fire, attended with conspiracy and abatement, and under the Indian Arms Act for unlawful possession and use of a gun and revolver. A30 to A-33 were, however, discharged under Section 227 Cr. P.C. by the Sessions Judge. The remaining 29 persons were tried in Sessions Case No. 23 of 1979 in the Court of the Sessions Judge, Gulbarga. After trial, the Sessions Judge acquitted 13 persons, viz., A-3, A-4, A-8, A- 11, A- 13, A- 14 A- 19, A-22, A 23 and A-26 to A-29 of all the charges framed against them. The remaining 16 accused were convicted under Sections 147/148 IPC Section 302 read with Section 149 IPC., and Section 323 or 324 IPC., as the case may be, for causing the death of four of the five deceased and for causing injuries to some of the witnesses and sentenced to imprisonment for life for the offence of murder and for lesser terms of imprisonment for the other offences. Fifteen of the convicted accused alone preferred an appeal to the High Court as by then A-1 died. The High Court allowed the appeal in so far as one of the accused, viz., A-17 was concerned and acquitted him of all the charges. Hence the present appeal by special leave is confined only to the conviction and sentence of the remaining 14 accused, viz., A-2, A-5 to A-7, A-9, A-10, A-12, A- 15, A- 16, A-18, A-20, A-2 1, A-24 and A 25.

2. The five dead persons, the injured persons and the witnesses, except the officials, belong to different sets of families to Kawaloor village. Three of the deceased persons, viz., Gunjalappa (D-1), V. Mallappa (D-2) and Basappa (D-3) and P.W.6 Sai Banna are the sons and P.W. 1 Narasingamma is the daughter of one Meenad Venkappa (not examined though injured). P.W. 2 Mahadevamma and P.W. 3 Gunjalamma, are respectively the wife and daughter of D-3 Basappa. P. W. 4 Adamma is the wife of P.W. 6 Sai Banna. P.W. 5 Mallamma is the daughter of P.W. 1 Narasingamma and she was given in marriage to her own maternal uncle, viz. D-2 V. Mallappa.

3. The abovesaid Meenad Venkappa has three brothers, viz., Malliah (father of P. W. 30 Siddappa), A-19 Mallappa and P.W. 29 Chandra Reddy. D-4 Rayappa was the son-in-law of the abovesaid A- 19 Mallappa.

4. D-5 T. Mallappa, had three sons viz. late Hayalappa (husband of P.W. 1 Narasingamma), P.W. 10 Saibanna (village Dalapathi) and Ningappa (husband of P.W. 7 Marilingamma). D-5 T. Mallappa had also a brother by name Basappa. Basappas son is P.W. 9 Hanumantha.

5. Various factors, set out below, had made the accused and the deceased bitter enemies of each other Firstly,. in 1966, one Sidharamareddy (husband of discharged accused A-33, and brother of discharged accused A-30) (A-30 to A-33 were charged for conspiracy) was murdered by P.W. 6 and two of his brothers, viz., D-1 and D-3. They were duly convicted for murder and sentenced to imprisonment for life. After undergoing about 12 years of imprisonment, they were released from jail in February 1978. After their return to the village, the three brothers began to extort money from the villagers on the pretext they had got rid of Sidharamareddy and done the villagers a good turn and hence they should be compensated. This was resented by A-30 to A-33 as well as the rest of the accused. Secondly, a quarrel had ensued between P.W. 6 and A-15 over the repayment of a loan and the quarrel led to the police filing a case under Section 107 Cr. P.C. against P.W. 6 and his supporters on the one hand and A-15 and