(1) TWENTY-TWO persons, according to the FIR lodged by Public Witness 14, wife of Mayappa, bad assaulted and caused the death of two persons viz., Vyankanna and Murayappa Public Witness 14. The informant claimed to be an eyewitness of the incident. In the FIR, she stated that the assailants were armed with axes and sticks. After investigation the police found that there was no case worth prosecution against 8 out of the 22 persons denounced as culprits in the FIR and presented a challan against 14 only, out of the 22 named as the assailants in the FIR. The trial court convicted accused 1 to 4, who were real brothers, and acquitted the other 10 accused persons, includ- ing accused 5, who is also a brother of accused 1 to 4. The State preferred an appeal against the acquittal of those ten accused, but before the High Court the appeal appears to have been pressed against accused 5, only. Accused 1 to 4 also filed an appeal against their conviction to the High court. The High court dismissed the appeal filed by accused 1 to accused 4, but accepted the appeal filed by the State against accused 5 only and convicted him under S. 302 read with S. 34, Penal Code. Accused 5 has now c