Telephonic message if can be held as first information.

The three appellants in this case have been convicted for various offences (which will be referred to heareafter) by the learned Sessions Judge of Bellary in Sessions Case No. 6 of 1958 on the file of this Court. The facts and circumstances which led to the occurrence out of which the said Sessions Case arose, may briefly be stated as follows: The accused persons 1 and 2 and one Sanna Eranna, who were all the residents of K. Virapuram in Bellary Taluk, were given to the past-time of racing pigeons, against bets. From the prosecution case it would appear that about one year prior to the January of 1958, a pigeon race had taken place between the accused No. 1 and the said Sanna Eranna; in that case, it would appear that accused No. 1 was supported by the second accused while Sanna Eranna was supported by one Mahanandi (nephew of the said Sanna Eranna). In that race., Sanna Eranna’s pigeon won the race; but, accused No. 1 evaded payment of the stake money (which is stated to be a sum of Rs. 6.). Again, just about 15 days prior to the occurrence (the occurrence being on 9th January, 1958), there was another pigeon race and in that, the accused No. 1’s pigeon won the race; but, Sanna Eranna refused to pay the stake money on the ground that on the previous occasion accused No. 1 had evaded to pay the stake money. Consequently, there were misunderstandings between the parties, namely, between the accused Nos. 1 and 2 on the one hand and Sanna Eranna and Mahanandi on the other. It is also stated that there was one other ground for further misunderstanding between the parties. Just about 5 or 6 days prior to the date of the occurrence, the Police appear to have searched the houses of the accused 1 and 2 for illicitly distilled liquor; that search was not successful and nothing incriminating was found. But, the accused 1 and 2 suspected that Sanna Eranna and his people had given information to the Police which led to the search of the houses of the accused Nos. 1 and 2. On this account, there appears to have been some verbal abuse between the accused 1 and 2 on the one hand and P.W. 5 Lakshmappa (who also was related to Sanna Erann and Mahanandi), on the night previous to the date of the occurrence. On the afternoon of the date of the occurrence, namely 9th January, 1958 P.W. 5 Lakshmappa, Sanna Eranna, Mahanandi, P.W. 4 Naganna and P.W. 6 Hampiah were sitting, after taking meals. The prosecution case is that A-1, A-2 and A-3 came pelting stones towards the house of P.W. 5. P.W. 5 came out of his house and begen to pelt stones, towards the accused, who, thereupon began to run away. The accused persons were chased by P.W. 5, who was accompanied by P.Ws. 4, 6, Sanna Eranna and Mahanandi. When this pursuing party came near the houses of the accused 1 and 2, the prosecution case is, that the accused 1 and 2 came out of their houses with spears in their hands and that A-3 came out armed with a Bandi Kudugolu. A-1 thrust his spear into the left side of P.W. 5’s stomach; A-2 also made an attempt to pierce P.W. 5 with his spear; but, P.W. 5 held that spear in his left hand and escaped from the thrust of A-2. It is stated that P.W. 5’s brother’s son Mahanandi came forward asking the accused as to why they had injured P.W. 5; thereupon, A-2 thrust his spear into the chest of Mahanandi who fell down on the ground. Thereupon, Sanna Eranna is stated to have come forward asking as to why they were killing P.W. 5 and Mahanandi; then A-1 thrust his spear into the body of Sanna Eranna who thereupon went away staggering. It would appear that Mahanandi and Sanna Eranna died almost immediately, on the spot. P.W. 5 was taken away from the scene of the occurrence by his wife and son-in-law. He was taken by train to Bellary and was got admitted to the hospital there, at about 9-20 p.m. There, P.W. 2 who was the Assistant Surgeon on duty, made the necessary entries as per Exhibit P-2 (a) in the Accident Register Exhibit P-2 and admitted P.W. 5