J. ESWARA PRASAD, J.

( 1 ) CRIMINAL Appeal Number 185 of 1994 is by Accused Nos. 1 to 22 against their conviction under Ss. 148,324, 326, 341 and 302, I. P. C. and the sentences imposed by the Principal Sessions Judge, Mysore in S. C. No. 87/1989. Criminal Appeal No. 494/94 is by the State against the acquittal of respondent Nos. 1 to 7 who were accused Nos. 23 to 29 before the Sessions Court for offences punishable under Ss. 143, 144, 147, 148, 341 r/w. Section 149, I. P. C. , S. 326 r/w. S. 149, I. P. C. and 302 r/w. S. 149, I. P. C.

( 2 ) THE case of the prosecution is as follows :-Respondent No. 2 is the leader of the Congress Party and was opposed to Kengegowda-deceased No. 1 who belonged to Janatha Party and was the Pradhan of Karimuddenahalli. Deceased No. 2 Gondegowda is the younger brother of Kengegowda and he was the President of the Milk Producers Cooperative Society and both the brothers were leaders of Janatha Party. During the elections to the Mandal Panchayat held in the year 1988, deceased No. 1 was elected to the Panchayat, whereas respondent No. 24 was defeated. P. W. 21 filed a case against some of the respondents and others at the instance of deceased No. 1 and counter cases were filed, leading to rivalry between the deceased and the respondents.

( 3 ) ON 2-5-1989, PW 29-Suh-Inspectorof Police, Hunsur Police Station, which is at a distance of 18 kms. from Karimuddenahalli, received a message through telephone at about 6. 30 p. m. from Karimudenahalli that some miscreants assaulted deceased Nos. 1 and 2. On receipt of the said message, P W 29 along with P W 25 and other police constables hired a taxi belonging to PW 20 and reached the village by 7 p. m. and found the deceased Nos. 1 and 2 lying at different spots and they were alive at that time. He also found PWs. 1 to 6 and 9 were injured. After recording the statement of PW 1, he sent the deceased and PW 3 to the hospital for treatment. Thereafter PW 32-Inspector of Police came to the spot in a police van and after recording the statements of PWs. 1, 2, 4, 5, 6 and 9 they were also sent in a van to the hospital for treatment along with PW. 29. PW 29 went to the police station and prepared a memo Exhibit P. 6 to the Medical Officer and sent them to the hospital for treatment. Crime No. 93/89 was registered by PW 29 at 8. 15 p. m. for offences under Ss. 143, 147, 148, 324 and 307 r/w S. 149. I. P. C. against respondents 1 to 22. FIR Exhibit P. 25 was sent through PW 26-Police Constable to the jurisdictional Magistrate's Court which reached at about 1 a. m. on 3-5-1989.

( 4 ) PWS. 1, 2, 4, 5, 6 and 9 were treated at the hospital from 1. 30 a. m. , on 3-5-1989. Deceased Nos. 1 and 2 along with PW 3 were advised to be taken to K. R. Hospital, at Mysore as per the advise of the Doctor and on arrival, the deceased were found to have died and PW 3 was treated for the injuries by the Medical Officer, PW 32 recorded the statements of PWs 10 and 11. Respondent Nos. 7, 12, 14, 16 to 27 were arrested at 11. 30 p. m. in the village and PW 32 returned to the police station by 3 a. m.

( 5 ) ON 3-5-1989, PW 32 again went to the village in the morning at 3. 45 a. m. and recorded the statements of PW 16 and others. Exhibit P2-spot mahazar was prepared at the spot where deceased No. 1 was assaulted. PWs 1 and 16 are panch witnesses. Six clubs-M. Os. 22, 26, 25 to 27 and 32 and stones with blood stains M. Os. 10 and 17 were found. The spot mahazar in Exhibit P. 8 was prepared at the place where deceased No. 2 was assaulted. PWs 16 and 32 are the panch and the CPI. Blood stained stones M. Os. 9, 11 to 16, choppers M. Os. 2 to 5 and clubs M. Os. 18, 19, 23, 24, 28 and 29 were seized.

( 6 ) ON receiving the message on 3-5-1989 in the evening that the deceased have died, PW 29 issued the second FIR converting S. 307 into S. 302, I. P. C. The respondents were produced before the Magistrate. PW 32 recorded the statements of PWs 3 and 4 at the K. R. Hospital at Mysore to which place

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