Judgment :-

We have heard the learned counsel for the parties at length.

These appeals are directed against the judgment and order dated 16.7.2002 passed by the High Court of Karnataka in Criminal Appeal Nos. 319/1997 and 67/1997.

Brief facts which are necessary to dispose of these appeals are recapitulated as under:

It is alleged that on 1.5.1991 at about 8.30 p.m., seven accused persons, namely, Virabasayya Prabayya Hallur (A-1), Babu @ Chanamallayya (A-2), Basayya Prabhayya Hallur (A-3), Basavaraj Hanamappa Talwar (A-4), Laxman Hanamappa Talwar(A-5), Prakash Hanamappa Talwar (A-6) and Suresh Hanamappa Talwar (A- 7) formed an unlawful assembly with a common object of committing murder of the deceased Shivappa, assaulted him and also caused injuries to PWs 1 to 4, 7 and 17 and thereby committed offences punishable under Sections 147, 148, 302, 324 and 504 read with Section 149 of the I.P.C. On 2.5.1991 at 4.30 a.m., PW-1 Mahadevappa lodged a complaint as per Ext.P-1 on the basis of which the entire investigation in Crime No.60/91 started.

The Additional Sessions Judge, Bijapur framed charges against all the accused for the offences punishable under Sections 147, 148, 302, 324 and 504 read with Section 149 of the I.P.C.

The prosecution in support of its case examined 23 witnesses and got marked 26 Exhibits and 14 material objects. The learned Sessions Judge accepted the case of the prosecution in part and convicted accused Nos.1 & 4 for offences punishable under Section 304 Part-I I.P.C. and sentenced them to suffer rigorous imprisonment for seven years and to pay a fine of Rs. 500 each with default clause. Accused Nos.2, 3, 6 & 7 were acquitted of all the charges. Accused No.5 died during the pendency of the trial.

Accused Nos.1 and 4 aggrieved by the said judgment of the learned Sessions Judge preferred Criminal Appeal No.67/1997 before the High Court of Karnataka. The State of Karnataka also preferred appeal, being Criminal Appeal No.319/1997, against the judgment of the learned Sessions Judge. Both the appeals were disposed of by a common judgment dated 16.7.2002 delivered by the High Court.

The High Court convicted accused No.1 under Section 304 Part-II I.P.C. and sentenced him to undergo rigorous imprisonment for five years and to pay a fine of Rs. 500 with default clause.

So far as accused No.4 is concerned, the High Court acquitted him under Section 304 Part-I I.P.C. but convicted him under Section 324 of the I.P.C. and was sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs.1,000/- with default clause.

As regards accused Nos.2, 3, 6 and 7, the High Court by the impugned judgment, reversed the Trial Courts judgment of acquittal and convicted them under Section 324 read with Section 149 of the I.P.C. and sentenced them to undergo rigorous imprisonment for six months and to pay a fine of Rs.1,000/- each with default clause. However, the High Court acquitted all the accused persons under Sections 302/149 and 504/149 of the I.P.C.

Our attention has been drawn to a chart which indicates that the appellants have already undergone actual sentence of imprisonment for more than two months. While admitting the appeal, this Court released the appellants on bail on 17th June, 2003. Now the crucial question which arises for consideration of this Court is whether the appellants should be sent back to jail to serve out the remaining sentence after a lapse of several years.

We have heard the learned counsel for the parties. On consideration of the totality of the facts and circumstances of the case, in our considered view, ends of justice would be met if, while maintaining the conviction of accused Nos.2, 4, 6 & 7, their sentence is reduced to the period already undergone by them, provided they pay a fine of Rs.25,000/- each within a period of one month from the date of communication of this order, which shall be deposited in the Trial Court. In case the fine is not paid or deposited they would undergo the