K.N. Phaneendra, J.

These two appeals are arising out of the common judgment of conviction and sentence dated 4.8.2014 in SC No.69/2008 passed by the Presiding Officer and Addl. District and Sessions Judge, Fast Track Court, Hassan. Therefore, both the appeals are taken up together for disposal.

2. Criminal Appeal No.690/2014 is filed by accused Nos.4 to 6, whereas Criminal Appeal No.691/2014 is filed by Accused Nos.1 to 3. The learned trial Judge by the impugned judgment of conviction and order on sentence has convicted and sentenced the accused persons as under:

“Accused Nos.1 to 6 are sentenced to undergo simple imprisonment for 3 months each and to pay a fine of Rs.500/- each for the offence punishable under Section 143 of IPC, in default of payment of fine amount sentenced to undergo simple imprisonment for 10 days each.

Further, accused Nos.1 to 6 are sentenced to undergo simple imprisonment for one year each and to pay fine of Rs.1,000/- each for the offence punishable under Section 147 and 148 of IPC. In default of payment of fine amount sentenced to undergo simple imprisonment for one month each.

Further, accused Nos. 1, 4 and 5 are sentenced to undergo simple imprisonment for 2 years each and to pay fine of Rs.1,500/- each for the offence punishable under Section 114 read with Section 149 of IPC in default of payment of fine amount sentenced to undergo simple imprisonment for two months each.

Further, accused Nos.1 to 6 are sentenced to undergo imprisonment for life for the offence punishable under Section 302 read with 149 of IPC.

Further, accused No.1 is sentenced to undergo simple imprisonment for 3 years and a fine of Rs.5,000/- for the offence punishable under Section 25 of Arms Act. In default of payment of fine amount sentenced to undergo simple imprisonment for two months.

All the sentences shall run concurrently.”

3. We have heard the arguments of Sri Hashmath Pasha, learned senior counsel for the appellants, and also Sri I.S. Pramod Chandra, learned SPP-II for the respondent State. We have also carefully examined, the entire oral and documentary evidence on record and also the judgment of the Trial Court.

4. Before adverting to the rival contentions raised before this court by the learned counsel for the appellants and the learned SPP-II, we feel it just and necessary to have the brief factual matrix of the case:

A person by name Chandru @ Mohan Kumar.S of Karagoor village in Yesalur Hobli, Sakleshpur Taluk, Hassan District, has lodged a report stating that, on 30.9.2007, the said complainant Mohan Kumar was not feeling well and in order to go to Hospital, he was waiting for the bus at Karagoor Kudige bus stand (a junction place). As he did not get the bus, he went to the house of Hoovannagowda (deceased) and stayed there for some time and thereafter, he along with Hoovannagowda and others by name Subramanya, Shankara and Tejaswi, were all proceeding towards the house of the complainant which is situated at Karagur village. At about 10.00 p.m., when they reached near a coffee estate of K.S.Govindegowda on a tar road, they observed a pick up vehicle, was coming from the opposite direction, which touched the left hand of one of the witnesses Shankara, and the said vehicle went ahead and stopped. From the said vehicle, accused Nos.1 to 6 got down. Accused No.1 in fact told other accused that Hoovannagowda is also here, and further told accused No.2 to finish off Hoovannagowda on the ground that he is the person who is always raising quarrel about the landed property of accused Nos.1 and 2. Accused No.1 by saying so, gave a Gun to accused No.2 and in turn accused No.2 shot the Gun towards Hoovannagowda, who sustained an injury to his right chest and he ran away to some distance by screaming and thereafter fell down and died at the spot. Accused No.3 Shivegowda, took the Gun from the hands of accused No.2 Udaya and attempted to shot the another witness by name Subramanya and in fact Subramanya escaped from the sa