KUMAR RAJARATNAM, J.

( 1 ) IN all there were seventeen accused. They were charged on various counts under Sections 143, 147, 148, 149, 324, 326 and 302 read with Section 149, IPC. Out of the seventeen accused all were acquitted except A-2 and A-3. A-2 and A-3 each of them were found guilty for an offence punishable under Section 302, IPC and sentenced to imprisonment for life and also sentenced to pay a fine of Rs. 2000/- in default to undergo R. I. for six months.

( 2 ) THE appellants-accused Nos. 2 and 3 have preferred Criminal Appeal No. 220/1995 against their conviction and sentence. The State has preferred Criminal Appeal No. 542/1995 against A-2 and A-3 for acquitting them for the offence under Sections 143, 147, 148, 326, 324 read with 149, IPC. The State has also preferred Criminal Appeal No. 512/1995 against those accused who were acquitted. All the appeals were heard together and a common order is passed since all the appeals arise out of the same occurrence that is alleged to have been taken place on 16-6-1989.

( 3 ) THE prosecution case, in brief, is as follows :- On 16-6-1989 P. W. 1 H. R. Shivamadegowda was coming towards his house from his lands at about 8. 00 a. m. A-1 Shivanna was coming in the opposite direction. A-1 dashed against P. W. 1, P. W. 1 questioned A-1 about his conduct. There was an altercation. Hearing about the altercation, P. W. 1's uncle Channaveeregowda and his son Erannaiah came and pacified both the parties. Even at that stage A-1 and A-5 who were also present challenged P. W. 1 by saying that they will give a befitting reply. After that A-1 and A-5 went towards their house. On the same day i. e. on 16-6-1989 P. W. 1 was present in his house. At about 4 p. m. A-1 to A-11 came armed with repiece patties and clubs and threatened P. W. 1. P. W. 1's father Remegowda (deceased No. 1) and P. W. 1's uncle Channaveeregowda (deceased No. 2) came out of the house and questioned the accused. Both the deceased also stated that the matter can be sorted out through panchayat. Immediately thereafter Ramegowda (D-1) and Channaveeregowda (D-2) went towards Basaveshwara temple. They went to a distance of 200' from to house of P. W. 1.

( 4 ) IT is the further case of the prosecution that all the accused followed both the deceased. Realising that there was going to be some altercation, P. W. 1, P. W. 2, P. W. 6, P. W. 4, P. W. 5, P. W. 7 also followed the deceased. At about that time, A-2 and A-3 assaulted Ramegowda on the head with repiece patti. The deceased Ramegowda fell down as soon as he was assaulted. After Ramegowda fell down, A-4 and A-5 kicked the deceased Ramegowda and also assaulted with a club. A-6 also kicked Ramegowda. After that A-2 and A-3 assaulted Channaveeragowda (D-2 ). The said Channaveeragowda fell down. A-12, A-15, A-13 also kicked both the deceased. All the accused threw the repiece patties and clubs and ran away.

( 5 ) P. W. 1, P. W. 6, P. W. 3, P. W. 7, P. W. 4, P. W. 5 and P. W. 9 were also assaulted by the accused. After assaulting the witnesses the accused fled. Both the deceased were shifted to a car and taken to Halagur hospital. P. W. 1 went to Halagur police station and lodged a complaint. P. W. 9 registered the complaint. P. W. 20 the CPI took up investigation and after completing the investigation filed the charge-sheet against the accused. As stated earlier the Trial Court convicted A-2 and A-3 under Section 302, IPC. All the other accused were acquitted.

( 6 ) THE hospital at Halagur was not equipped to treat both the deceased. PW 22 the doctor who treated both the deceased gave first aid and referred both the deceased to a major hospital for treatment.

( 7 ) PW-22 noticed the following injuries on Ramegowda D-1 : (1) Lacerated wound seen on left parietal region measuring 5" x1/2"x scalp deep. (2) Bleeding from mouth seen. He gave wound certificate Ex. P-38.

( 8 ) PW-22 also examined Channaveeregowda D-2 and noticed the following injuries : 1. Lacerated wound on top of the

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