JUDGMENT

Dr. Arijit Pasayat, J.—

1. Challenge in these appeals is to the order passed by a Division Bench of the Karnataka High Court. The High Court by the impugned judgment allowed the appeal and set aside the conviction of appellants 3, 4 and 5 (accused No.3-Sri Giriyappa @ Gireppa, A-4 Sri Yallappa S/o Arujunappa Yaraddi, A-5 Sri Vithal S/o Kalakappa) before it. The compensation of Rs.50,000/- awarded to Girijabai (PW-4) was reduced to Rs.20,000/-. The present appeal is by A1, A6 and A7.

2. Seven accused persons had faced trial for alleged commission of offences punishable under Sections 143, 148, 341, 109, 302 and Section 201 read with Section 149 of the Indian Penal Code, 1860 (in short the ‘IPC’). The occurrence took place in the intervening night of 31.1.2005 around midnight.

3. Prosecution version in a nutshell is as follows:

Namadev Muralidhar Huvvannavar (the deceased) resided in Bommanabudni village along with his wife-Girijabai (PW.1) and his five children, out of whom Panduranga (PW.5) is one. He was in politics and due to his activities, he had incurred enmity of many persons. He was an accused in a session case on the allegation of having committed about ten years prior to 2005, the murder of Arjunappa Yaraddi (father of accused No.4) having set on fire the sugarcane crop of Yallappa Yaraddi. He was later acquitted in the said case. Due to that, he had enmity towards accused No.4, and for certain other reasons towards other accused also. On 30.1.2005 he left for Mudhol at about 4.00 p.m., on his CD Don motorcycle bearing Reg.No.KA-48/E-1688 (M.0.15). In Mudhol, he met Kallanagouda Timmanagouda Patil of Utturu (P.W.12) at about 8.00 p.m., and told that he was returning to Bommanabudni via Halki. Later at 9.00 p.m. he was seen at Halki by Gyaneshwar Ramappa Manemmi (P.W.11) going on the motorcycle towards Bommanbudni. He did not return home on that day and on the next day as well. Therefore, Girijabai (P.W.1) and Panduranga. (P-W.5) started the search for help. They traced the movement of Namadev till he left Halki and thereafter they could not get any trace of Namadev. In the meantime, they learnt that there were certain motorcycle marks in the land of Vijaya Mandandappa Sutar of Mingapura and when they went there, they found certain tyre marks of a motor cycle corresponding with the tyre marks of Namadev’s motor cycle. Therefore suspecting possible abduction of Namadev, P.W.1 lodged a complaint against Yallappa Arjunappa Yaraddi (accused No.4) and Vital Kalakappa Navi (accused No.5). That complaint was received by Sri Malakappa, P.S.I. of Lokapur Police Station (P.W.21), who registered a case at Crime No.16/2005 and forwarded F.I.R. (Ex.P.27) to the JMFC, Mudhol. He went to the place i.e., the land of Vijaya Manadappa Sutar as shown by P.W.1 and conducted the spot mahazar as per Ex.P.2. He also collected information in the neighbouring villages. He learnt that on that night i.e., at 8.00 p.m. of 30.1.2005, P.W.10-Vishnu Tulasigeri had seen the accused Nos.1, 2 and 4 to 7 near Bommanabudni bus stand talking to each other and later P.W.16-Laxmappa Mullauru having seen the accused No.2 and 7 going on one motor cycle and accused Nos.1 and 6 going on another motor cycle towards Belgaum road. He also learnt that at that time the accused No.7 was on the motorcycle with a gunny bag and when P.W.16 had asked him about the same, the accused No.7 had replied that it contained a jaggery block intended to be given to his relative. The police also learnt that on the same night i.e., at about 3.00 a.m. on 30.1.2005, the accused Nos.1, 2, 6 and 7 had been seen by P.W.7-Hanamath Gouda Patil near the canal and two motor cycles parked on the road. That was further confirmed by the information given by P.W.8-Bhimappa Maleguddi. In furtherance of the same, the police suspected the accused Nos.1, 2 6 and 7 in the matter and launched a search for them. The accused Nos.1 and 2 were apprehended on 3.2.2005. On interrogation by P.W.20-B