C. HONNIAH, ACTG. C. J.

( 1 ) THIS is an appeal from the judgment of the Additional Sessions Judge, Gulbarga, dated 4-3-1977 convicting the accused (Ai to A5) - (Appellants), Under Section 302 read with Sections 149, 143 and 148 I. P. C. and acquitting accused 6 to 10.

( 2 ) THE prosecution case, briefly stated is as follows; In the village Savalgi, there were two Maths, viz. , Shivalingesh-war Math and Santeshwar Math. Mal-likarjun. Swamy (A8) was the head of shivalingeshwar Math, while Dr. Neel-kant Shivacharya Swamy (P. W. 35) was the head of shanteshwar Math. In the year 1960 P. W. 35 started a free boarding hostel and a High School at savalgi. There was a Committee managing the affairs of these two institutions. P. W. 35 was the president while Chandranath (A-10) was the vice-president and deceased Channabasappa was the Secretary till 1968 of the said Committee. In regard to the management of these institutions,

( 3 ) DISPUTES arose between P. W. 35 and Channabasappa on the one hand and A6 to A-10 on the other. Thereafter, A6 to A-10 formed another committee headed by A8 and they were opposing p. W. 35 and Channabasappa. In the year 1973, there was theft in the school. P. W.

Click Here to Read the rest of this document