1. In the Court of the learned Sessions Judge of Bijapur four persons were charged with having committed an offence under Section 302 read with Section. 34, I. P. C. The case against them was that on the night between the 27th and 28th of April 1955, at about 3 or 4 a. m., the four accused persons committed the murder of Tippanna Mangaleppa Madar in the Municipal office at Guledgud and that this murder was committed in furtherance of their common intention. The prosecution alleged that accused Nos. 3 and 4 facilitated the commission of this offence by standing near the two witnesses Durgappa and Kariyappa.

Accused No. 3 is further alleged to have facilitated the commission of the offence by kicking and silencing the said Kariyappa, and accused No. 4 by instigating accused Nos. 1 and 2 to finish up Tippanna without delay. In the act of committing this murder, accused No. 2 held the legs of the deceased and accused No. 1 caused his death by inflicting injuries on his person with an axe. The accused denied the charge.

The case against them was tried by the learned Sessions Judge with the aid of assessors. Out of four assessors who assisted the learned Judge, three were of the o