D. P. HIREMATH, J.

( 1 ) THE appellant and two others stood charged before the Court of sessions at Bidar under Sections 302,307,324 and 323 read with Section 34, IPC. The charge was that on 26-9-1989 at about 8 a. m. at village Warwatti in Bidar district all the three accused inflicted fatal injuries on Goraknalh wilh axe and sticks with the common intention of causing his death and he succumbed to the injuries on the same day afternoon in the district hospital, Bidar. In the same incident, with the common intention of committing the murder of another person Ram, son of Goraknath, they did assault him with axe and sticks and attempted to commit his murder. In furtherance of the common intention they caused hurt with these deadly weapons to jana Bai, wife of Goraknath, they also caused hurt to Laxman, son of Goraknath and manik, son of Sangappa and committed an offence under Section 324 read with section 34, IPC. Similarly, CW 14 Kishen was assaulted by them with sticks and hence charged under Section 323 read with Section 34, TPC. Thus, in this incident p. Ws 1 to 5 were injured in addition to Goraknalh suffering fatal injuries to which he succumded later. On close of evidence, th

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