DR. ARIJIT PASAYAT, J.

1. Challenge in this appeal is to the judgment of a Division Bench of the Karnataka High Court partially allowing the appeal filed by the respondent who were convicted for offence punishable under Sections 148,302 read with Section 149 of the Indian Penal Code, 1860 (in short the IPC). By the impugned judgment the High Court held that the respondents were to be convicted under Section 148 and Section 326 read with Section 149 IPC.

2. Background facts as projected by the prosecution in a nutshell are as follows:

Eight persons faced trial for allegedly committing murder of one Rajanna (hereinafter referred to as the deceased) on 13.7.1992. It was also alleged that they committed offence punishable under Sections 143,147 & 148 IPC. First Information Report (in short the FIR) was lodged on 13.7.1992 at about 9.30 p.m.

It was alleged that in an incident that took place at Bandihalli at about 7 p.m. on 13.7.1992, the eight accused who were members of an unlawful assembly had assaulted the deceased Rajappa with machus, sticks and a wooden reaper and as a result of the injuries sustained by him, he died shortly thereafter. The accused are all inter-related and there was