Dilip B. Bhosale J.

This criminal appeal is directed against the judgment and order dated 12.1.2009 rendered by the Sessions Judge, Fast Track Court-I at Mandya in S.C.No.39/00, convicting all the appellants-accused under Sections 143, 144, 147, 148, 342, 302, 506 R/w 149 of IPC. The maximum sentence awarded by the trial Court is for life imprisonment and fine of Rs.1,000/- each in default to undergo RI for one month for the offence punishable under Section 302 R/w 149 of IPC.

2. The prosecution case, in brief, is as under:

Appellants-1 and 2 are brothers, whereas the other three appellants are their relatives (for short the ‘accused’). The deceased Ramachandra was also a relative of A1 and A2. One Padmamma (PW16), is the wife of A2. The deceased-Ramachandra and Padmamma were allegedly having extra marital affair. On 17.11.99, Ramachandra had gone to the house of Padmamma in the absence of her husband-A2 at about 10-10.30 p.m. On his visit to the house of Padmamma there was galata (commotion) in which, the neighbours questioned him as to why did he visit the house of A2 in his absence. This incident was witnessed by Kariyappa (PW2) and Ramanna (PW3). On 18.11.99, in the mo