IMPORTANT POINT
Judgment appealed against cannot be interfered with if it is appropriate.

JUDGMENT

S.B. Sinha, J.—

1. Appellants are before us aggrieved by and dissatisfied with a judgment dated 11th August, 2005 passed by a Division Bench of the High Court of Karnataka, Bangalore in Criminal Appeal No. 1254 of 2002 affirming the judgment passed by the Presiding Officer, Fast Track Court and Additional Sessions Judge, Belgaum in S.C. No. 97/1996 convicting accused Nos. 1 to 6, 10 and 13 for offences punishable under Sections 143, 148, 307, 302, 504 read with Section 149 of the Indian Penal Code (hereinafter referred to as the ‘Code’) and sentencing them to undergo rigorous imprisonment for three months for the offence punishable under Section 143 read with Section 149 ; six months under Section 148 read with Section 149 of the Code ; rigorous imprisonment for life for the offence under Section 302 read with Section 149 of the Code and six months under Section 504 read with Section 149 of the Code. All the sentences were, however, directed to run concurrently.

2. The incident in question took place at about 1400 hours on 5th October, 1995 at the Bus Stand of Village Yadawada wherein three persons, namely - Venkappa Laddi ; Vittal Laddi and Vittal Harijan were killed. Originally the first information report in relation to the said incident was lodged by PW-11 Mohammad Haji Khajamia against 13 persons, namely, - Donkapa Venkapa Keri (A-1), Shrimant Donkappa Keri (A-2), Gurunath Donkappa Keri (A-3), Ashok Donkappa Keri (A-4), Hanamant Donkappa Keri (A-5), Govindgouda @ Goundappa (A-6), Maruti Gurusidda Dabaji (A-7), Kallapa Mayappa (A-8), Ramappa Siddagouda (A09< Subhash Donkappa (A-10), Iqbal @ Ayub Mohamadisaq (A-11), Iswhar Shivalingappa (A-12) and Basu @ Bassapa Govindappa (A-13). Donkappa Venkappa Keri (A-1); Shrimant Donkappa Keri (A-2). Out of them Ramappa Siddagouda, (A-9) died pending trial. Accused Nos. 7, 8, 11 and 12 were acquitted by the trial court.

A judgment of conviction and sentence was recorded by the learned trial court against eight persons being A-1 to A-6, A-10 and A-13.

All the aforementioned accused persons preferred appeals before the High Court. A-1 died while in custody. A-2 is said to have committed suicide during the pendency of the appeal.

By reason of the impugned judgment the High Court acquitted A-5, A-6 and A-13. It may also be placed on record that A-5 was released under Article 161 of the Constitution of India. Before us are A-3, Gurunath Donkappa Keri ; A-2, Ashok Donkappa and A-10, Subhash Donkappa Keri.

3. The first information report was lodged at about 1730 hours by PW-1 Shivappa Vishni Keri. The distance between the place of occurrence and P.S. Kulgod is said to be about 16 kms. The first informant and the accused persons are cousins. Deceased No.1 and 2 were maternal uncles of PWs-1 and 2. Deceased No.3 is said to be one of the servants of the deceased Nos. 1 and 2.

4. The deceased were residents of Neralgi Village. PWs. 1 & 2 and the accused had their ancestral properties in the said village. Although the family was separated, some boundary dispute existed in respect of their lands. Land of PWs 1 & 2 was adjacent to the land of the accused. Some trees on the boundary wall on the land of accused and PWs. 1 & 2 resulted in disputes; both parties having filed civil suits in relation thereto.

5. On 31st October, 1995 while PW-2 was plucking coconuts from the tree standing on the disputed land, some of them fell on the lands of the accused. Accused No.1., accused No.8, his wife, and accused No.5, were alleged to have taken away the said coconuts claiming the same to be belonging to them.

A quarrel ensued. With a view to get the said dispute settled, PW-1 is said to have called his maternal uncles, deceased Nos. 1 and 2 and requested them to resolve the same. The prosecution case proceeded on the basis that on 4th October, 1995 deceased Nos. 1 and 2 accompanied by their servant deceased No.3 and PW-3, a relation of both, came to the village Yadewade in the morning. They approac