JUDGMENT :

SREENIVAS HARISH KUMAR, J.

1. All these appeals are disposed of by a common judgment as they arise from the judgment dated 28.09.2015 in S.C. No. 332/2010 on the file of Addl. District and Sessions Judge, Belagavi, sitting at Gokak. The Trial Court held accused No. 1 to 5, 7 to 14 and 16 to 22 guilty of the offences punishable under Sections 114, 120, 143, 148, 302, 504 and 506 r/w 149 of IPC and Section 25 (1)(B) and Section 27 of Indian Arms Act and sentenced them, the major punishment being life imprisonment for the of fence of Section 302 IPC. Accused 6 and 15 died during pendency of the trial.

2. Criminal Appeal 100202/2015 is filed by accused No. 7, 9, 14, 17 and 21. Criminal Appeal 100232/2015 is filed by accused No. 1, 2, 5, and 8. Criminal Appeal No. 100247/15 is filed by accused no. 16. Criminal Appeal No. 100233/15 is filed by accused No. 3, 4, 10, 11, 12, 13, 18, 19, 20 and 22. The first informant has preferred Criminal Appeal No. 100225/15 under Section 372 of Cr.P.C. seeking enhancement of sentence, according to him the accused should have been sentenced to death.

3. Ex.P.1 is the first information made by Umesh Sidlingappa Kumbar. He reported to the pol ice about the incident that took place on 25.6.2010 at about 9.00 p.m. According to Ex.P.1, one Basappa Channappa Koujalagi, Ravi Sidlingappa Kumbar, Mallappa Balappa Hattiholi, Shrishail Bhimappa Wali, who were the elderly people of Lingayath community, were sitting in front of the shop of one Mahesha. About 18 persons (whose names are mentioned in Ex.P.1) came to that place and attacked them. They first sprinkled chilli powder at them and when those four persons tried to escape from that place, they were all chased and assaulted severely with eligepatti, sickle, clubs and jambe. This incident resulted in death of three persons viz. Ravi Sidlingappa Kumbar, Mallappa Balappa Hattiholi and Basappa Channappa Koujalagi.

4. According to the prosecution, the motive behind the incident was, on 19.5.2010, husband of Sarojini Annappa Mirji went to attend the meeting of the Directors of Agriculture Credit Co-operative Society of which accused no. 1 Siddappa Adivappa Kamate was the President. Accused no. 1 did not al low the husband of Sarojini Annappa Mirji to attend the meeting and told him that the member alone should attend the meeting. Therefore the husband returned to his house and took his wife, Sarojini Annappa Mirji, who was the member of the Society to attend the meeting. She was not allowed to participate in the meeting as she did not go to the meeting place on time. After the meeting was over, she wanted to sign in the register; she was not allowed, but she saw some members who came later than her being allowed to sign in the register and therefore she took objection. It is alleged that accused no. 1 and some others insulted her by beating with a chappal and pulling her saree. She reported this incident to aforesaid elderly persons of Lingayath Community and they asked her to lodge a complaint with the police. Accordingly she made a complaint against accused no. 1 and some others who belonged to Kuruba caste. Because of this complaint, accused no. 1 and some others of his community became angry and this led to enemity between two groups. One more FIR came to be registered against accused no. 1 and some others because they were all found holding a meeting at about 7.30 p.m. on 24.6.2010 to hatch a conspiracy for eliminating the elderly persons of Lingayath Community. Pursuant to it, as projected by the prosecution, on 25.06.2010 the incident as narrated above took place.

5. The trial court framed the charges and held the trial. The prosecution examined 64 witness, PW-1 to 64 and produced 260 documents, Ex.P.1 to Ex.P.260. The defence got marked Ex.D.1 to D12, All being portions of statements of witnesses during cross examination. The prosecution produced 88 material objects as per M.O.1 to M.O.88. The trial court ultimately held that the prosecution was abl