AJIT J. GUNJAL, J.—All these three appeals are disposed of by this common order.

2. The Stale has filed two appeals, i.e., Crl. A. No. 567/2005 & Crl. A. No. 566/2005 questioning the acquittal of accused No. 1 for the offence punishable under Section 307 of Indian Penal Code and enhancement of sentence for the offence punishable under Section 325 of Indian Penal Code. Accused No. 1 is also in appeal against his conviction for the offence punishable under Section 325 of Indian Penal Code.

3. Accused No. 1 alongwith six others stood trial for the offences punishable under Sections 143, 147, 148 and 307 of Indian Penal Code read with Section 149 of Indian Penal Code on the charge sheet submitted by the Nanjangud Police in Crime No. 3/99.

4. The case of the prosecution is that on 9.1.1999 at about 1.45 p.m. at Ediga Mohalla Mosque in Nanjangud all the accused were members of unlawful assembly with the common object of committing the murder of Shabeer Khan-P.W. 3 and they committed rioting being armed with deadly weapons and they assaulted P.W. 3 by means of a knife. With such intention and under such circumstances that if by the said act they had caused the death of Shabeer Khan,