JUDGMENT

V.S. Sirpurkar, J.—

1. Three appellants who were original accused Nos. 2, 3 and 4 have come up against the conviction for the offences under Section 302 read with Section 149, Indian Penal Code. They were acquitted by the Sessions Judge. However, the High Court allowed the appeal against their acquittal. As many as six accused persons were tried before the Principal Sessions Judge, Bijapur on the basis of the charge-sheet filed by the police on the allegation that on 22.06.1996 at about 5 p.m. they were the members of unlawful assembly in prosecution of the common object thereof and committed murder of one Malakari Sidda S/o Kariyappa Alakanur. They were also named in the charge-sheet for the offences under Sections 148, 302, 504 read with 149, IPC.

2. The First Information Report was given by one Ningappa Mudakappa Kamari complaining therein that the complainant’s sister’s husband was involved in a murder case and was in jail. The complainant had put up a hut in the land of Kariyappa Alakanur situated at Yaragatti and started cultivating it. It was further alleged that Kariyappa had three sons and the eldest was Malakari Sidda. The father of Kariyappa was involved in the