JUDGMENT

Fakkir Mohamed Ibrahim Kalifulla, J.

1. This appeal, at the instance of accused Nos.1 to 3 is directed against the judgment of the Division Bench of the High Court of Karnataka at Bangalore in Criminal Appeal No.787 of 2007 dated 01.03.2012 by which conviction and sentence imposed on the Appellants for offences under Sections 143, 147, 148, 448 and 302, Indian Penal Code (IPC) read with Section 149 of IPC was confirmed.

2. The case of the prosecution was that the accused along with 40 others formed themselves into an unlawful assembly with the common object of committing murder of the complainant Mahadeva (PW-11) and the deceased Lingaraju apart from committing other offences. It was alleged that with the above common object of such assembly, they also hatched a criminal conspiracy prior to 3 p.m. on 13.02.1999 and all the accused went to the shop of the deceased and the complainant, committed trespass armed with deadly weapons like swords, choppers, longs, clubs etc., with an intention to kill them and intentionally committed the murder of deceased Lingaraju by assaulting him all over his body with the use of deadly weapons possessed by them and that when the deceased Lin