IMPORTANT POINT
In considering the question whether the accused exceeded the right of private defence, the court has to consider the part played by the accused persons, gravity of the offences committed and the nature of the attack made by them.

ORDER

K. Jayachandra Reddy, J. - This appeal by the State of Karnataka is filed against the ORDER of the Karnataka High Court questioning the acquittal of the six respondents-accused (original Accused nos. 1 to 6). They alongwith eight others tried for offences punishable under Sections 148, 302/149,337/149 and Section 27 of the Arms Act. The trial court while acquitting the others convicted the respondents under Sections 148,302/ 149326/149,324/149 and 337/149 and sentenced them to imprisonment for life and various other terms of imprisonment for the other minor offences. A-3 alone was also convicted under Section 27 of the Arms Act and sentenced to undergo three years' R -1 and to pay a fine of Rs. 500/- in default of payment of which suffer R.I. for three months. The sentences were directed to run con 541 currently. The six convicted accused preferred Criminal Appeal No. 174/78 and the State of Karnataka filed an appeal questioning the acquittal of the other accused and also filed another appeal for enhancement of the sentence of the six respondents-accused. The High Court dismissed the two appeals filed by the State and allowed the appeal flied by the six convicted accused. The state has come forward with the present appeal against the said order of acquittal.

2. The prosecution case is as follows.

A-1 to A-13 are the residents of Bastwad village and A-14 is the resident of Patagwudni village. A-1 and A-10 and A-11 are full brothers and they have been living separately. They had another brother Namanna who was subsequently murdered six months prior to the present incident. The other accused are related to each other. The three deceased persons in this case namely Babu Kallappa Kasal (D-1), Yallappa Devappa Kasal (D-2) and Paris Adappa Kamal (D-3) were cousin brothers and were living separately. P.W. 1 is the father of P.Ws. 4 and 5 and P.Ws. 1 and 2 belong to the party of the d-1. One Kulasambi filed a suit against her daughter-in-law Chutibi and Kallappa, father of D-1 for partition of some land. The said Kallappa was helping Chutibi and was cultivating her land as tenant. After his death, D-1 purchased 19 guntas of the said land from Chutibi and was also granted occupancy rights in respect of the remaining land. After his father's death, D1 was helping Chutibi in the litigation and the deceased Nemanna, brother of A-1 was helping Kulasumbi, the opposite party in the said litigation.

3. About six months prior to the present incident, Namenna was murdered. His son A-6 filed a complaint to the police against D-1 and D2, P.W. 3 and five others. Yallappa, D-2 and one Paris Bhima Pathani were arrested. Since the police failed to iIe the charge-sheet, they were released by the Magistrate on bail, and they returned to the village to about two months prior to the incident. Thus, there was ill-feelings and bitter enmity between the two groups. On the day of the incident namely 25.9.1978 in the morning the three deceased persons. P.Ws. 1 and 2 left Bastwad at 7 A.M. by bus for Belgaum to meet their advocate. They reached Belgaum by 8 A.M. P.W. 3 and one Sawant also got down from the bus and they went to Belgaum city for their own work. The three deceased persons and P.W. 1 and 2 then met their advocate. They returned to the bus-stop to catch 'the bus to go to Bastwad. They were waiting at the bus-stop. Meanwhile, accused nos. 2, 6, 7 and 8 went to the bus-stop each holding a satchel. At about 12.15 P.M. a bus came. P.Ws. 1 to 3 and the three deceased persons boarded the bus and set on the seats. Accused nos. 2, 6, 7 and 8 stood near the entrance after getting into the bus. On the way, the bus stopped at Fort bus-stand. There accused nos. 1, 3,4 and 5 boarded the bus. There were also holding a satchel each. The capacity of the bus was 39 passengers and about 20 to 30 passengers were standing. The bus stopped at a few stops. Thereafter, it stopped near Bastwad cross for the passengers going to Kondaskoppa to get down. Some of them go