Brief facts which are necessary to dispose of these appeals are recapitulated as under It is alleged that on 1.5.1991 at about 8.30 p.m., seven accused persons, namely, Virabasayya Prabayya Hallur A 1 , Babu Chanamallayya A 2 , Basayya Prabhayya Hallur A 3 , Basavaraj Hanamappa Talwar A 4 , Laxman Hanamappa Talwar A 5 , Prakash Hanamappa Talwar A 6 and Suresh Hanamappa Talwar A 7 formed an unlawful assembly with a companymon object of companymitting murder of the deceased Shivappa, assaulted him and also caused injuries to PWs 1 to 4, 7 and 17 and thereby companymitted offences punishable under Sections 147, 148, 302, 324 and 504 read with Section 149 of the I.P.C. On 2.5.1991 at 4.30 a.m., PW 1 Mahadevappa lodged a companyplaint as per Ext.
The learned Sessions Judge accepted the case of the prosecution in part and companyvicted accused Nos.1 4 for offences punishable under Section 304 Part I P.C. and sentenced them to suffer rigorous imprisonment for seven years and to pay a fine of Rs.
Accused Nos.2, 3, 6 7 were acquitted of all the charges.
500 each with default clause.
The State of Karnataka also preferred appeal, being Criminal Appeal No.319/1997, against the judgment of the learned Sessions Judge.
These appeals are directed against the judgment and order dated 16.7.2002 passed by the High Court of Karnataka in Criminal Appeal Nos.
The Additional Sessions Judge, Bijapur framed charges against all the accused for the offences punishable under Sections 147, 148, 302, 324 and 504 read with Section 149 of the I.P.C. The prosecution in support of its case examined 23 witnesses and got marked 26 Exhibits and 14 material objects.
Accused Nos.1 and 4 aggrieved by the said judgment of the learned Sessions Judge preferred Criminal Appeal No.67/1997 before the High Court of Karnataka.
While admitting the appeal, this Court released the appellants on bail on 17th June, 2003.
All the injured eye witnesses have also named him in their statements.
Both the appeals were disposed of by a companymon judgment dated 16.7.2002 delivered by the High Court.
Accused No.5 died during the pendency of the trial.
We have heard the learned companynsel for the parties at length.
319/1997 and 67/1997.
P 1 on the basis of which the entire investigation in Crime No.60/91 started.
