(1.) These twenty-three appellants and two others namely Doreswamy and Ningegowda, who were accused Nos.1 to 25 and who will hereinafter be referred to as A1 to A25, were tried on various charges by the Sessions Judge, Mandya, in Sessions Case No.5 of 1974. The charges common to all the 25 accused persons were under Ss.148, 302 r/w 149, 326 r/w 149, and 324 r/w 149 of the IPC, and the allegations under those charges were that on 26-2-1973 between 6-30 and 7 A.M. on the foot-nath leading from Mandya-Madachakanahalli road towards the house of Nethegowda PW.44 in Gandhal village, Mandva Tk, they formed themselves into an unlawful assembly armed with deadly weapons such as clubs, snears, axes, etc, with the common object of committing the murders of Karivanna alias Karigowda s/o Chikkamarigowda and Chikkabommangowda s/o Hirichikki Basavegowda, and causing grievous hurt to Manchegowda PW.35, G.K.Nagaraj PW.31 and Gooti Sannaiah PW.40 and simple hurt to Kemparaju PW.22 & Bommiah PW.32. and committed rioting and the murders of the said Karigowda and Chikkabommegowda and caused grievous hurt to PWs.35, 31 and 40 and simple hurt to PWs 22 and 32 by assaulting them with clubs, spears and other dangerous weapons in prosecution of the said common object. Al G.S.Basavegwda, A2 G.S.Channegowda, A3 G.S.Puttaswamy, A5 Patel Javaregowda and A6 Siddappa were also tried in the alternative for committing the murder of Karigowda in furtherince of their common intention punishable u sec.302 read with S.34 of the IPC, and similarly A4 G.S.Basavaraj, A5 Patel Javaregowda, A9 Kullaiah, A10 Jakka, A12 Channappa, A13 G.P.Bommaiah alips Meese Bommaiah, A15 Ninegegowda and A17 Basappa were also tried in the alternative for committing the murder of Chikkabommesowda in furtherance of their common intention punishable under S.302 r/w S.34 of the IPC.
(2.) The learned Sessions Judge, by his judgment dt.28-8-1974 found A7 Doreswamy and A15 Ningegowda not guilty of the offences with which they were charged and consequently acquitted them and directed them to be set at liberty forthwith, and we are informed that the State has not preferred any appeal against the said judgment of acquittal. The learned Sessions Judge found the rest of the accused persons guilty of the offence under S.148 IPC and sentenced each of them to undergo rigorous imprisonment for two years. He also found Al, A2, A3 and A5 guilty of the offence under S.302 read with S.34 IPC for committing the murder of Karigowda and A9, A10, A12 and A13 guilty of the offence under S.302 read with S.34 IPC for committing the murder of Chikkabommegowda and consequently convicted them all and sentenced Al, A2, A3. A5, A9, A10 and A13 to death and A12 to undergo imprisonment for life. He further found A4, A6, A8, All, A14, A16, A17, A18, A19, A20, A21, A22, A23, A24 and A25 guilty of the offence under S.302 read with S.149, IPC for committing the murders of Karigowda and Chikkabommegowda and convicted and sentenced each of them to undergo imprisoment for life. He also found A2, A6, A22, A23, A20 and A21 guilty of the offence under S.326 r/w S.34 IPC and convicted and sentenced each of them td undergo rigorous imprisonment for one year, and A12, A13 and A19 guilty of the offence under Sec.324 r/w Sec.34 IPC and convicted and sentenced each of them to undergo RI for six months. He also found A1, A3, A4, A5, A8, A9, A10, All, A14, A16, AJ7, A18, A?4, and A25 guilty of the offences under S.326 read with S.149 IPC and S.324 read with S.149 IPC for causing grievous hurt to PWs.35, 31 and 40 and simple hurt to PWs.22 & 32, and convicted and sentenced each of them to undergo rigorous imprisonment for one year and six months respectively on each count, and directed all the sentences to run concurrently. He found A4, A5, A6 and A17 who were alternatively charged under S.302 r/w S.34 IPC not guilty of the same and acquitted them of that charge, and we are told that the said finding is not challenged by the State. In this appeal, the appellants accused have challenged the legality and the correctness of their convictions and sentences. Criminal Referred Case No. 53/74 is the reference made under S.374 of CrPC (old) by the learned Sessions Judge for confirmation of the death sentences passed on the aforementioned seven accused persons
(3.) The Advocate General and Sri B.K.Ramachandra Rao appeared for the State, Sri Art.Bhagawan appeared for Al; Sri G.R.Ethirajulu Naidu appeared for A4; and Sri A Shamanna appeared for the rest of the accused.