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 brief facts of the case which gave rise to the present criminal appeals.

The prosecution case in brief is that A-1 to A-6, A-9 to A-13 and A-16 to A-21 were residents of Jodihosahalli, Kunigal Taluk whereas Kodakana Boraiah (A-7) was a resident of Seeyepalya, which was hardly one kilometer from Jodihosahalli. Kodakana Boralingaiah (A-8) was a resident of Puranipalya, which was about 1 1/2 kilometers from Jodihosahalli whereas Veerabhadraiah (A-14) and Shivanna (A-15) were residents of Hanumanapalya, which was about 1 1/2 kilometres from Jodihosahalli.

3. The deceased H. B. Boralingaiah was a resident of Jodihosahalli. He was a School Teacher. H. B. Boraiah (PW-1 as well as the complainant) was the younger brother of the deceased and was living in Jodihosahalli with his wife and children. The residential houses of PW-1 and the deceased were situated facing each other with a street in the middle running East to West. H. B. Lingaiah (A-5) was living in a house situated adjacent to the house of PW-1 on the western side.

4. The deceased Boralingaiah and his brother (PW-1) on one side and H. B. Lingaiah (A-5) and some villagers including A-1, A-2 and A-11 on the other side were having a land dispute since 1974. Even though there was a decree in favour of PW-1, A-5 with the support and aid of other accused persons were interfering with the peaceful possession and enjoyment of the said land namely Sy. No. 108 re-survey No. 152. A21, a Zilla Parishad Member obviously having political influence was bringing pressure on PW-1 and his brother deceased to give up their rights to the said land in favour of A

5. A-1 also had joined hands with A-21 to coerce PW-1 and the deceased to give up their rights in respect of said land. It was also the case of the prosecution that there were many cases involving theft, mischief, assault, concerning the property pending between PW-1 and his brother on one side and A-5 and A-21 on the other side and a number of criminal cases were also pending in this connection.

5. On 15-9-1989 at about 9.00 a.m. deceased Boralingaiah was proceeding from his house towards the house of Bettaswamy (PW-7), when he was waylaid by all the accused persons by surrounding him from three sides armed with clubs and chopper and they brutally assaulted the deceased indiscriminately. The injured Boralingaiah was shifted to his residence by his wife Chikkamma (PW-5), Ningamma (PW-3) wife of PW-1 and other two witnesses Narasamma (PW-4) and Kambaiah (PW-6).

6. In the meanwhile PW-1 being scared to go near the scene of occurrence went to a nearby village Santhepete after walking the distance and from there he got into a lorry and traveled to Kunigal and lodged his complaint at about 12.45 p.m. in Crime No. 253/89 for offences under Section 307 of IPC.

7. At ab