K. Sreedhar Rao, J.

The facts of the prosecution case discloses that 15 days prior to the incident accused No.6(A6) – Fajarulla @ Munna, tress passed into the house of PW5-Chaman Sab when he was absent at the house. A6 attempted to rape PW12-Mamtaz, W/o Chaman Sab (PW5). In that connection PW12 and PW5 have not made any complaint but there is a quarrel between them. A6 was claiming that he has illicit affair with PW12. There was bitter enmity between A6 and P.W.5.

2. On 22-08-2001 at 2-30 PM, A1 to A24 formed themselves into members of unlawful assembly wielding deadly weapons tress passed into the house of PW5. A1, A2 and A6 assaulted PW5, A17 to A20 (women accused) and A24 had assaulted PW12 and also they were giving moral support to PW1 and the deceased. PW8, PW9, PW16 and CW13 had intervened and pacified the accused.

3. The PW1 and deceased returned by jeep to the village from Shimoga. The accused persons came near the jeep. A1 dragged the deceased and assaulted him with club on his head. A6 assaulted the deceased with club on his hands. PW1 was getting down from the jeep and he was assaulted by A6 with chopper on his head and A1 with club on the head. The deceased sustained fatal injuries. The jeep was also damaged. PW1 and deceased were admitted to Mc. Gann Hospital, Shimoga. The deceased succumbed to the injuries after two days while under treatment in Bangalore.

4. The statement of PW1 was recorded at Mc. Gann Hospital at Ex.P1. The same is registered as FIR at 10-40PM vide Ex.P2. PW1 had sustained grievous injuries and PW5 had sustained simple injuries. PW15 was not subjected to medical examination to ascertain the nature of injuries. The accused are charged for committing the offence punishable u/s 143, 144, 147, 148, 448, 341, 324, 504, 323, 506, 427 and 302 r/w Sec. 149 IPC. The charge under Section 143 and 147 IPC appears to be redundant and superfluous since when they are charged for higher offence under Section 148 IPC.

5. The defence evidence placed on record would disclose that accused 2 and 8 sustained injuries. Accused No.2 had lodged a counter complaint against the deceased, PW1, 3 to 5, 9 and 12 for committing the offence under Sections 143, 147, 448, 323, 324, 504 read with Section 149 IPC. The FIR in the present case is registered in Cr.No.90/2001. The FIR in the complaint lodged by A2 against PW1 and others is registered in Cr.No.91/2001. In both the cases the complaint of PW1 and A2 are recorded at Mc. Gann Hospital, Shimoga.

6. The wound certificate of A2 is marked at Ex.D11, which shows contusion injury over the right leg and it is simple in nature. The wound certificate of accused No.8 is marked as Ex.D5, which shows that swelling over the left leg and tenderness over left back middle of forearm. The X-ray reveals no fracture. The injury is a simple injury.

7. The Investigating Officer filed ‘B’ report in Cr.No.91/2001. The A2 filed protest petition, the said case is registered as PCR No.119/2004. The learned counsel Sri A.H. Bhagwan appearing for the appellant – accused submits that he does not know the result of the private complaint, except the fact that the private complaint was pending in the year 2005.

8. PW1 and 5 are the injured eyewitnesses. PW12 is the victim of the assault and also eyewitness to the incident. PW4 and 7 to 9 are also eyewitnesses to the incident of assault on PW5 and 12 in the first phase and also assault on the deceased and PW1 in the second phase of the incident. Ex.P1 report discloses that the deceased had sustained fracture of skull, which resulted in his death. PW1 had sustained grievous injuries and PW5 has sustained simple injuries in the assault. The weapons used for the commission of the offence have been recovered at the scene of the offence under mahazar marked at Ex.P2.

9. The trial court convicted A1 to A24 for the offence punishable u/s 143, 324, 323 r/w 149 IPC. A3, A4, A5, A7 to A24 are convicted for the offence punishable u/s 147 IPC. A1, A2 and