This appeal is directed against the judgment of conviction and order of sentence passed by the Fast Track and Additional Sessions Court, Hukkeri, sitting at Gokak in S.C.No.114/2000 dated 06.02.2010.

2. Four accused persons were sent up for trial on the accusation that, on 05.12.1999 at about 01:00 a.m., in front of the house of accused No.2, accused Nos.1 to 4 armed with iron rods abused the complainant and his family members and accused No.3 assaulted the complainant –PW1, PW8, PW9 and PW10 with an iron rod; accused No.1 – Babajan assaulted on the head of the deceased Hajaratma wife of Jamalsab Makandar and on account of the said injury, she died on 07.12.1999. It is further alleged that accused No.2 and accused No.4 who were present at the spot, instigated accused Nos.1 and 3 to commit the above offences.

3. The complaint was lodged on the same day at 12:30 noon. Based on the said complaint, Crime No.66/1999 was registered against all the four accused persons under Sections 324, 325, 114, 504 read with Section 34 of IPC.

4. In respect of the very same incident, accused No.2 also lodged a report before the same Police and Crime No.67/1999 came to be registered against five