1. The accused 1 to 4 in CC No. 888 of 1999 on the file of the Civil Judge (Junior Division) and Judicial Magistrate First Class at Sira, have presented this revision petition under Section 397 of the Criminal Procedure Code, 1973, questioning the legality and correctness of the judgment of conviction and sentence dated 23-9-2002 passed by the learned Magistrate convicting these petitioners for the offences punishable under Sections 143, 144, 147, 148, 323, 324 and 326 read with Section 149 of the Indian Penal Code, 1860 and sentencing them to undergo imprisonment for various periods for the aforesaid offences and also the judgment dated 26-10-2005 passed by the Presiding Officer, Fast Track Court No. IV, Tumkur, in Criminal Appeal No. 51 of 2002, dismissing the said appeal and affirming the judgment of conviction and sentence passed by the learned Magistrate.

2. Sira Police filed charge-sheet against these petitioners and four others, for the aforesaid offences alleging that on 9-8-1999 at about 9.30 p.m., when C.W. 2-Jaithun W/o. Hussain Sab, was sleeping in her house in Davood Palya, Sira Taluk, the accused 1 to 8 by forming themselves into an unlawful assembly, armed with deadly weapons came near her house, pushed the door and trespassed into her house by abusing C.W. 2 (P.W. 2) in filthy language, and when she came out of the house and

brought C.W. 3 (P.W. 3)-Vazeer, he was assaulted on the head by chopper, at that time C.W. 1

(P.W. 1)-S.H. Hassan Sab, C.W. 4 (P.W. 4)-Raheem and C.W. 5 (P.W. 5)-Basha come there, all the accused assaulted C.Ws. 1, 4 and 5 with clubs and other weapons causing them grievous injuries, thereby, the accused committed the aforesaid offences.

3. According to the prosecution, the case was registered on the basis of the complaint lodged by

P.W. 1-Hassan Sab. During the investigation, all the eight accused persons were arrested and after completing investigation charge-sheet was laid. The learned Magistrate, who took cognizance of the offences alleged, secured the presence of the accused persons. All the accused pleaded not guilty for the charges levelled against them and claimed to be tried. During the trial, the prosecution examined P.Ws. 1 to 11, got marked Exs. P.1 to P. 7. During the examination of the accused under Section 313 of the Cr. P.C., the accused persons denied all the incriminating circumstances appearing against them. The accused persons did not choose to lead any defence evidence. The defence of the accused persons was one of total denial and that of false implication.

4. The learned Magistrate, after hearing both sides and on assessment of oral and documentary evidence, by judgment dated 23-9-2002 held that the prosecution has proved beyond all reasonable doubt the guilt of the accused 1 to 4 only for the charges levelled against them. He further held that the prosecution has failed to prove the charges levelled against accused 5 to 8. In that view of the matter, the learned Magistrate convicted the petitioners herein who were arraigned as accused 1 to 4 for the aforesaid offences and sentenced them to undergo imprisonment for various periods and also to pay fine for the aforesaid offences. Being aggrieved by the said judgment of conviction and sentence, the petitioners herein filed appeal before the learned Sessions Judge at Tumkur in Criminal Appeal No. 51 of 2002. The learned Presiding Officer, Fast Track Court No. IV, Tumkur, to whom the appeal was assigned, after hearing the learned Counsel appearing for the appellants and also the Public Prosecutor, by judgment dated 26-10-2005 concurred with the judgment of the learned Magistrate and affirmed the judgment of the learned Magistrate convicting the petitioners for the aforesaid offences. In that view of the matter, the learned Sessions Judge dismissed the appeal. Being aggrieved by the concurrent judgment of the Courts below, the petitioners have presented this appeal inter cilia. contending that the Courts below hav