JUDGMENT

Natarajan, J.- An orgy of violence between the hours of 2 to 5 p.m. on the after noon of 28-1-79 in village Kawaloor, Taluk Yadgir, in the limits of Yadgir Police Station in Karnataka State resulted in the death of five persons (four on the same day and one on 4-2-1979), several persons injured and some houses burnt. In connection with the incidents, 33 persons were sought to be prosecuted under relevant sections of the Indian Penal Code for the offences of rioting, murder, attempt to commit murder, causing of simple and grievous hurt and mischief by fire, attended with conspiracy and abetment, and under the Indian Arms Act for unlawful possession and use of a gun and revolver. A-30 to A-33 were however, discharged under Section 227 of Criminal Procedure Code by the Sessions Judge. The remaining 29 persons were tried in Sessions Case No. 23 of 1979 in the Court of the Session Judge, Gulbarga. After trial the Sessions Judge acquitted 13 persons, viz., A-3, A-4, A-8, A-11, A-13, A-14, A-19, A-22, A-23 and A-26 to A-29 of all the charges framed against them. The remaining 16 accused were convicted under Sections 147/148 of Indian Penal Code, Section 302 read with Section 149