ORDER :

1. Heard learned counsel for the parties.

2. This appeal is directed against the judgment and order dated 22nd July, 2008 in Criminal Appeal No. 751 of 2002 passed by the High Court of Karnataka at Bangalore, whereby the High Court reversed the order of acquittal dated 24.11.2001 passed by the J.M.F.C. in C.C. No. 658 of 1996 acquitting the appellants for the offence punishable under Sections 143, 144, 147, 148, 326, 324, 323 and 506 read with Section 149 of the Indian Penal Code (in short ‘the IPC’).

3. The High Court having set aside the order of acquittal convicted all the appellants herein for the offence punishable under Section 326 IPC, however, directed their release on probation on each one of them executing a bond in the sum of Rs. 50,000/- with one surety in the like sum. The appellant were further directed to pay compensation in a sum of Rs. 5,000/- each. Out of the fine amount, a sum of Rs. 30,000/- was directed to be paid to PW-1 the injured.

4. Learned counsel for the appellant submitted that the High Court without recording any reasons whatsoever, in a cryptic manner and even without noticing that there was no charge against the appellants under Section 326 IPC,