JUDGMENT

MOHAN M. SHANTANAGOUDAR, J.

By the impugned judgment dated 12.08.2010 in Criminal Appeal No. 1498 of 2004, the High Court has reversed the judgment of acquittal passed by the Trial Court in S.C. No. 143/1994 insofar as the appellant (accused No.1) is concerned, and consequently convicted the appellant for the offences under Sections 302 and 326 of IPC. The High Court further, confirmed the judgment and order of acquittal passed by the Trial Court insofar as it relates to accused Nos. 2 to 5.

2. The case of the prosecution in brief is that at about 4:30 pm on 15.01.1994, the accused Nos. 1 to 3 (including the appellant) along with accused Nos.4 and 5, with the common intention of committing murder of deceased persons, namely Kumari Radhika (aged about 11 years) and Smt. Manjula, as well as to cause grievous hurt to the informant Smt. Honnamma, trespassed into the house of Smt. Honnamma and quarrelled with her in filthy language; the appellant assaulted the informant with a chopper on her head and hands and caused grievous injuries to her; the accused No.2 assaulted the deceased Smt. Manjula with a chopper; the accused No.3 assaulted the deceased Kumari Radhika with a chop