- (1.) In Seneca's Medea (4 B.C.-A.D. 65), it is said "A Judge is unjust who hears but one side of a case, even though he decides justly," With this preface, let us deal with the issue raised in this appeal. The Appellants (27 persons) were tried on the charge of having murdered Rajegowda and causing injuries to several other persons. The trial court had passed on order of acquittal, acquitting all the 27 accused persons on the ground that the prosecution has failed to establish any of the charges against the accused. The impugned judgment holds the Appellants guilty of committing the offence punishable under Section 302/149 of the Indian Penal Code (the 'Indian Penal Code for short) as well as. for the offences punishable under Sections 143, 148, 324 r/w Section 149,448 and 427 r/w Section 149 of the 'Indian Penal Code' and each of them is sentenced to undergo imprisonment for life and they are not awarded separate sentence for other minor offences.
(2.) We do not find it necessary to notice minutely the factual details as the same have been noted in the impugned judgment. The gist of the prosecution case, as noticed in the impugned judgment, is as follows: On 4.7.1987, at about 7 am near the Hithalu of one Kalegowda PW-17, situate by the side of a road leading from Doddahalli to Doddahalli Shandy Maidan, all these Respondents/appellants formed them selves into an unlawful assembly, with the common object of committing the murder of one Rajegowda and they did in fact commit the offence of rioting and at that time, they were also armed with deadly weapons like clubs, sickles and stones and in prosecution of the common object of such unlawful assembly, one of the members of such unlawful assembly viz. the Appellant No. 1 committed the murder of the said Rajegowda and the Appellants A2 to A27 caused simple injuries to PW-1 Cheluvegowda, PW-5 Annaji Gowda, PW-6 Marigowda, PW-9 Ramu, PW-12 Daddegowda, PW-13 Rajegowda and PW-15 Puttaswamy Gowda with deadly weapons and that further, they proceeded to the house of PW-9 and after trespassing into the house of PW-9 in the village, caused damaged to the door of his house, causing wrongful loss to pw-9 to an extent of '50/- and also caused simple injuries. With these charges, the Respondents were put on trial before the Trial Court.
(3.) Upon being charged of the offences punishable under Sections 143, 148, 324, 302 r/w 149, 448, 327 r/w 149 of the 'Indian Penal Code, the Appellants had claimed trail.;