JUDGMENT

P. VENKATARAMA REDDI, J.-- The three appellants herein are Accused A-2, A-3 and A-4 in Sessions Case No. 30 of 1989 on the file of the First Additional Sessions Judge, Gulbarga. They, along with nine others, were charged with the offences under Sections 147, 148 and 302 read with 149 IPC. Accused 7 died during the pendency of the sessions case. The other eleven accused including the appellants herein were acquitted by the trial court. The State of Karnataka filed the appeal in the High Court questioning the acquittal. During the pendency of the appeal, Accused 1 died. Hence the appeal had abated against him. The High Court, on reappreciation of evidence, held that the trial court acquitted Accused 1 to 4 "on flimsy grounds by rejecting the evidence of PW s 4 and 5 and other circumstantial evidence". The High Court observed that no second view was possible as far as the guilt of Accused 1 to 4 was concerned. The High Court felt that the trial Judge gave undue importance to minor aspects in rejecting the testimony of PWs 4 and 5. Accordingly, the High Court allowed the appeal to the extent of convicting Accused 2 to 4 (the appellants herein). As A-1 died, he was not convicted