JUDGMENT :

ABHAY S. OKA, J.

1. This is an appeal preferred by the accused challenging the impugned judgment of the High Court of Karnataka at Bangalore by which the order of their acquittal, passed by the Sessions Court, was overturned. The appellants were convicted for the offences punishable under Part I of Section 304 and Section 324 read with Section 149 of the Indian Penal Code, 1860 (for short ‘IPC’). They were sentenced to undergo rigorous imprisonment for seven years and pay a fine of Rs. 5,000/-.

FACTUAL ASPECTS

2. We may refer to a few factual aspects of the case. PW-1 (Jagadeesha) is the complainant. The complainant’s family had property in the village Hebbale. The appellant no. 1-accused no. 1-Mariyappa is PW-1’s uncle, with whom PW-1’s family was having a dispute over water. Manjunatha and Shivarama are the brothers of PW-1, who are the victims of the offence. On 29th August 1999, both entered the village Hebbale to engage labourers for plucking ginger. PW-1 followed them. On the road to the village, he found that PW-2 (Sundara) and PW-6 (Ravi) were sitting on a culvert. When he was talking to them, they heard the hue and cry from the village, and therefore, they rushed