BASAYYA PRABHAYYA HALLUR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) We have heard the Learned Counsel for the parties at length.

(2.) These appeals are directed against the judgment and order dated 16.7.2002 passed by the High Court of Karnataka in Criminal Appeal Nos. 319/1997 and 67/1997. Brief facts which are necessary to dispose of these appeals are recapitulated as under:

(3.) 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 common object of committing murder of the deceased Shivappa, assaulted him and also caused injuries to PWs 1 to 4, 7 and 17 and thereby committed 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 complaint as per Ext.P-1 on the basis of which the entire investigation in Crime No. 60/91 started.