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 3