IMPORTANT POINT
Common object of the unlawful assembly has to be inferred from the membership, the weapons used and the nature of the injuries as well other surrounding circumstances and going in a body cannot be a decisive factor inferring the common object.

ORDER

K. Jayachandra Reddy, J. - These two appeals are filed under section 379 Cr. P.C. read with Section 2 of the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act. There are 11 appellants in Criminal Appeal No. 236/82 and they figured as original accused Nos. 1, 2, 3, 5, 7, 8, 9, 14, 16, 18 and 19 and original Accused Nos. 10, 12 and 20 are the appellants in Criminal Appeal No. 237/82. They alongwith nine others were tried for offences punishable under Section 148, 302/149 and also under Sections 323, 324 and 326 read with 149 I.P.C. The trial court convicted A-11 Venkappa Bhagavanthappa under Section 302 I.P.C. and sentenced him to undergo imprisonment for life and acquitted the rest. A-11 preferred an appeal against his conviction and the State of Karnataka also filed an appeal against the acquittal of the 19 other accused. The High Court dismissed the appeal filed by A-11 and he has not preferred any appeal in this Court. In respect of acquittal of other accused, the High Court, however, set side the acquittal of the appellants and convicted them for the offences for which they were charged and sentenced them to undergo imprisonment for life and also various terms of imprisonment for the lesser offences. The sentences were directed to run concurrently. The acquittal of the remaining accused were confirmed by the High Court. Hence the present two appeals.

2. The prosecution case is as follows. Chilmur is a small village predominantly inhabited by shepherds. A-1 to A-20 being the residents of the said village belong to shepherds community and are related among themselves. A-1, A-18 and A-19 are brothers. A-17 is their elder sister and she was married to one Bhimangoudo Patil and she was deserted. She came back to her parents' house and was residing with her brothers. P.Ws. 3, 6, 7, 8, 11 and 12 are brothers. P.W.2 is their sister. She was married to one Fakirappa. The deceased Yallappa was the cousin brother of P.W. 6 and also the brother of A-2 and A-6. He got separated from them and was living separately. Another deceased Pandappa was only a child of one year and was the younger son of P.W. 3. Though the accused and these P.Ws. are related, they were not on cordial tem. There used to be quarrels. On 23.6.1979 there was such a quarrel. A-2, A-3, A-5 and A-11 allegedly assaulted P.W.16 and a complaint was given and some of the P.Ws. figured as witnesses in that case. There was another complaint against A-2 and others and the allegation was that they committed trespass and hurt. In that P.Ws. 3, 8 and the deceased Yallappa figured as eye-witnesses A-5 filed a complaint against P.Ws. 8, 18 and some others. In that A-2 and A-9 figured as witnesses. The said complaint was referred to the police for investigation. On 14.7.1979 P.W. 16 accompanied by P.Ws. 3 and 8 went to the police station which is about six miles away and after sunset on that day P.W. 2 was preparing Jawar breads and her daughter Yallappa was asked by her to get up and see as there was "danger of wolves". A-17 heard this and thought that P.W. 2 is indirectly calling her a wolf and there was a quarrel and there was exchange of abuses. A-17 dragged out P.W. 2 and pulled her saree. This was reported to P.W. 8 and others. Thereafter it is the prosecution case that A-1 to A-20 armed with sickles and sticks etc. went towards the temple shouting. Seeing them so coming P.W. 8 followed by P.W. 4 went forward and asked them not to make galata. The accused started beating everyone who came in front of them. While A-2 and A-5 beat P.W. 8 with sticks, A-11 cut on P.W. 4, with an axe on the left side of the neck but it missed and the blow landed on the child Pandappa whom she was carrying and who was asleep resting his head on her shoulder. As the blow fell on the centre of the head of the child, he died immediately. Hearing the galata, P.W. 5 came out of the house and received injuries at the hands of A-l3, A-18 and A-19 cut on P.W. 9 with axe and sickle. P