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4. The appellant, in particular, was charged for offences of rioting, attempt to commit murder of S. Ramulu (PW.1), murder of S. Ramalingam and causing hurt to S. Ramchandriah (PW.5), punishable under Section 148, 307, 302 and 324 of the Indian Penal Code respectively. The trial court acquitted all the accused persons for the offence under Section 307/149 of the Indian Penal Code but sentenced all of them for offence under Section 148, 324/149 and 302/149 and sentenced them to undergo imprisonment for life for the offence under Section 302/149 and rigorous imprisonment for nine months for the offence under Section 148 and 324/149 of the Indian Penal Code. On appeal, conviction of all the accused except the appellant under Section 302/149 of the Indian Penal Code was set aside. However, the conviction of other accused under other offences have been maintained to which we are not concerned in this appeal. Appellant's conviction and sentence under Sections 148, 324 and 302 of the Indian Penal Code has been maintained.

8. According to the prosecution, accused persons assaulted S. Ramulu (PW.1), S. Narsimha (PW.2), S. Nagaiah (PW.3), S. Anjaiah (PW.4) and S. Ramchandriah (PW.5, )and all of them have sustained various injuries on their person. The present appellant, according to these injured persons, hit the deceased with a crow bar at his head causing serious injury. A report of the incident was given by PW.1-S.Ramula to PW.11-Rajender Kulkarni, the Station House Officer of Balanagar Police Station and on that basis, crime no. 147 of 2002 was registered. Rajender Kulkarni, Sub-Inspector of Police sent all the injured to the Government Hospital, Shadnagar but Ramalingam succumbed to the injuries on way to the hospital. All the injured witnesses, namely PW.1 to PW.5 were examined by Dr. Govind Waghmare (PW.9), Civil Assistant Surgeon who found several injuries on person of each of those witnesses. Dr. Govind Waghmare (PW.9) also held autopsy on the dead body of the deceased S. Ramalingam and he found presence of bleeding from left ear and laceration into bone deep over the vertex in the scalp. He further found multiple skull fractures on the person of the deceased and in his opinion, the death was caused due to the haematoma of the brain and multiple skull fractures.