JUDGMENT

C.K. Thakker, J. —

1. The present appeal is filed by two appellants, who were original accused Nos. 1 and 7 respectively, against the judgment and order of conviction, dated July 28, 2004 recorded by the Fast Track (Sessions) Court-II, Bangalore City in Sessions Case No. 460 of 1996 and partly confirmed by the High Court of Karnataka on July 13, 2005 in Criminal Appeal Nos. 1348 and 1631 of 2004.

2. To appreciate the contentions of the appellants herein, facts in brief may be stated.

3. It was the case of the prosecution that on June 1, 1996, at about 6.15 a.m. on the foot path in front of property bearing No. 57/63, 1st Main Road, Tippu Nagar, Mysore Road, Bangalore, accused Nos. 1 to 7 as members of unlawful assembly with the common object to commit murder of John Peter @ Kumar, armed with lethal weapons assembled and in furtherance of the said common object, committed various crimes including an offence of murder of John Peter. They thereby committed offences punishable under Sections 143, 144, 147, 148, Sections 143, 144, 147, 148, 149 and 302, Indian Penal Code, 1860 149 and 302, Indian Penal Code, 1860 (IPC).

4. According to the prosecution, on that day, John Peter (