Judgment :

Dr. Mukundakam Sharma, J.

1. These appeals by special leave are filed against the judgment and order passed by the High Court of Karnataka at Bangalore in Criminal Appeal No. 594 of 1996; wherein the High Court partly allowed the appeal filed by the State by convicting accused Chikkarangaiah (A-1), Gopala (A- 3), Gavisiddaiah (A-9), Ramakrishna @Ramachandra (A-10), Nanjundiah (A-11), Javaraiah (A-12), Shivalingaiah (A-13) and Puttaswamy (A21) for an offence under Section 326 of the Indian Penal Code (for short "the IPC") read with Section 149 of IPC and sentencing them to undergo imprisonment for a period of three years and to pay a fine of Rs. 5,000/-each, in default, to undergo simple imprisonment for three months while maintaining the order of acquittal under section 302 IPC. Earlier the trial court acquitted all the accused persons by judgment and order dated 22.04.1996 in S.C. No. 13 of 1990. Since these appeals arise out of the same facts and common judgment, we heard the appeals together and propose to dispose of the same by this common judgment.

2. In order to appreciate the rival contentions advanced by the parties and issues involved, it is necessary to set out