JUDGMENT

This appeal has been filed by three original convicted accused Nos. 1, 3 and 6 namely, Panchaiah, Shankariah and Khan Sab. During the pendency of the appeal, the second appellant (original accused No. 3) died. Therefore, we are concerned with the case of the remaining appellants. These appellants along with three others were tried for offences punishable under S. 324 and S. 304 read with S. 34 IPC for causing injuries to PW 5 and for causing the death of Devendrappa. The case mainly rested on the evidence of PW 5 and PW 8 out of whom PW 5 is the injured witness. The trial court however acquitted all the six. The State preferred an appeal and the Division Bench of the High Court while acquitting the three other accused A-2, A-4 and A-5 convicted the appellants under Ss. 302/34 IPC and 324 read with S. 34 IPC for causing death and injuries to PW 5 and sentenced each of them to undergo life imprisonment and simple imprisonment for six months respectively. The sentences are directed to run concurrently. Hence the present appeal under S.379 Cr. P.C. read with S.2 of the SC (Enlargement of Criminal Appellate Jurisdiction) Act 1970.

2. The prosecution case is as follows. The accuse