JUDGMENT (Per M.F. Saldanha, J.) This is another of the gruesome multi-murder cases -- It is a triple murder case. The incident took place at village Hanashi at about 7 am. on 23-3-93. The allegation is that the eight accused were instrumental in attacking the deceased Sangappa, Somappa and Gadigappa one after the other on the road that runs through the village in furtherance of their common intention to murder the three persons. The incident was undoubtedly a very gory one as the assailants were armed with sticks and axes, both of which category of weapons were used very freely as is evident from the multiple injuries on the bodies that have been detected in the post-mortem report. The attack was also both savage and brutal in so far as quite apart from the injuries to other vital areas of the bogies, special attention was directed towards the limbs as a result of which the arms and legs were amputated. Undoubtedly, the incident which took place in broad daylight attracted' a lot of attention and must have been seen by several of the villagers because the map of the area clearly indicates to us that the incident took place in the proximity of several of the houses and huts. The matter was reported to the police who came to the scene of offence and commenced their investigation. The eight accused were arrested on 10-4-93 and the prosecution contends that their clothes were required to be seized as they were bloodstained. The prosecution also alleges that pursuant to certain statements made by the accused that they recovered some of the weapons M.Os. 7 to 13 even though there is a parallel version which indicates that M.Os. 1 to 6 were found at the scene of offence and were taken charge of by the police. As far as 14 to 15 which are the axes, there is no clear indication as to how and when these weapons came to be seized by the police. On completion of the investigation, the eight accused were charge-sheeted for a host of offences from the formation of an unlawful assembly to the main charge of murder. At the trial, as many as 14 out of 23 witnesses virtually resiled from their earlier statements and their evidence was therefore not of much value. On completion of the investigation, the eight accused were charge-sheeted for a host of offences from the formation of an unlawful assembly to the main charge of murder. At the trial, as many as 14 out of 23 witnesses virtually resiled from their earlier statements and their evidence was therefore not of much value. The learned trial Judge carefully assessed the remaining evidence particularly the evidence of P.Ws.7, 8 and 10 who claim to be eye-witnesses and, for a variety of reasons held that this evidence was not good enough to sustain a conviction. All the accused were accordingly acquitted. The State of Karnataka has assailed the correctness of the decision and has preferred the present appeal against C acquittal to the High Court. The appeal having been listed for hearing, we have heard the learned Addl. S.P .P. in support of the State who is the appellant as also Mr. Tomy Sebastian, learned Counsel who represents the respondents accused. We have also perused the record of the case with a degree of meticulousness because as we shall presently indicate, the learned Addl. S.P.P. D Mr. Koti very vehemently submitted that this is a triple murder case where the accused have been acquitted and that this Court must reverse that decision as there is sufficient evidence to uphold such a course of action. 2. There are certain special features involved in this case and we shall have occasion to highlight one of the most distressing but one of the most serious aspects particularly since it needs to serve as a warning to society. The interrelationship needs to be set out because they effectively belong to the same family or clan, that the deceased 2 and 3 being brothers and D-1-Sangappa being the nephew of D-2 and D-3. Effectively therefore, they are not only closely related but virtually belong to the same family. On the other side of the picture, the accused Nos. 1 to 5 are brothers. A-6 and A-7 are the sons of A-4 and A-8 is the son of the sister of A-1 to A-4. Again the accused effectively belong to more or less the same family. Having said this much, we need to clarify that the prosecution does not allege that the incident was the outcome of any long standing family feud which is often the case in rural India. Again the accused effectively belong to more or less the same family. Having said this much, we need to clarify that the prosecution does not allege that the incident was the outcome of any long standing family feud which is often the case in rural India. There is a suggestion that a quarrel had taken place between the parties some four years ago which resulted in some litigation and that the present incident is the aftermath to that hostility. We find that this so called motive is too remote in point of time and further more, that there is nothing that, has been brought on record by the prosecution to connect the four years old dispute with the present incident or for that matter, neither has the prosecution brought on record any material to indicate that the old hostility rekindled or triggered off. Mr. Koti did submit that the old incident was the starting point of the trouble and that it was getting slightly aggravated over the years and further more that it finally reached a flash-point on the date of the incident because something took place on the previous night which aggravated the situation. Relying on the evidence of P.W.19, Mr. Koti pointed out that at a meeting on the previous night presided over by P.W.20 Nagappa that a violent argument had taken place between P.Ws.8 and 15 at which time A-2 had intervened. Mr. Koti states that this was the incident which got ignited on the morning of 23-3-93 when it was conveyed to D-1 and D-3 and that the incident was the violent aftermath. We have carefully examined this material and we find that even if some argument had A taken place on the previous night that it was not a matter of any consequence nor was it of such seriousness that it would virtually provoke two families to kill each other. We are unable to accept that this was either the motive or provocation for the incident and we shall presently point out, that there is an entirely different dimension to the whole case which in our considered view B was the real cause of the incident. 3. Mr. Koti placed heavy reliance on the evidence of P.W.7 Shivaputrappa who incidentally is the brother of deceased 2 and 3. His case is that he had witnessed the incident from sufficiently close quarters. 3. Mr. Koti placed heavy reliance on the evidence of P.W.7 Shivaputrappa who incidentally is the brother of deceased 2 and 3. His case is that he had witnessed the incident from sufficiently close quarters. In terms of actual distance, he points out that his house is about 200 feet (?) away from the scene of offence and that he was somewhere near his house where he witnessed the incident. This witness names all the eight accused who are residents of the same village and who are known to him. His version is that the incident took place in broad day light and in sufficiently close proximity. Further more, he has deposed to the fact that all the eight accused were armed with sticks and axes and he has clearly pointed out that they were all participants in the assault on the three persons who lost their lives in this incident. According to him, the deceased were assaulted one after the other and they died on the spot which is quite obvious having regard to the nature and number of injuries inflicted. This witness has also been instrumental in lodging the complaint which according to him was first oral and was thereafter reduced to writing and which is Exhibit P-20. He has also identified the clubs and axes shown to him in the Court as being the weapons with which the deceased were assaulted. This witness has been cross-examined at considerable length and we do concede that the defence has not succeeded in appreciably breaking down his evidence with regard to the manner in which the incident took place. A lot of cross-examination has been devoted towards bringing on record the background of the deceased which is one of the distinguishing features of this case. A series of references to many unpalatable incidents which establish a pattern of misbehavior of a very High order by the deceased in and around the village spread over the years has been brought on record in the course of the cross-examination. Secondly, what has been brought on record is the fact that the deceased Were involved in more than one incident, which would come under the broad category of womanising. Secondly, what has been brought on record is the fact that the deceased Were involved in more than one incident, which would come under the broad category of womanising. In fact, the incidents are more serious than mere illicit affairs because it was demonstrated that they had been responsible for enticing other persons wives, for having beaten up the husbands and even on one occasion allegedly having killed the husband. It was also demonstrated that not stopping at such activities, that the deceased were virtually going around the village projecting the view that they were a law unto themselves and that they had the money and the muscle power to get away with a series of such atrocities which, as appears from the cross-examination seem to have become second nature to them. To compound all this, the defence has also brought on record the fact that in addition to their own lands, these deceased persons, had usurped substantial lands belonging to other persons and in particular, to the women who were involved in the unsavory incidents that have been referred to by us earlier. The defence suggestion was that having regard to this background, that there were a series of persons who were not only hostile to the accused but that they were virtually livid and were just waiting for an opportunity to take retributive action and revenge. While the defence has not admitted that the accused were instrumental in the three deaths, they put forward a parallel theory that the deceased were in the category of local rowdies who had virtually invited the wrath of the villagers which is precisely what they received. The defence explains the savagery with which the deceased were virtually chopped to pieces by explaining that the deceased had through their persistent misconduct and arrogant behavior virtually invited savage violence from a host of different quarters for the reasons indicated by us above. 4. Apart from these aspects of the matter, the learned trial Judge has analysed this evidence and has come to the conclusion that it would be unsafe to rely on it because of the series of infirmities that have been noted by him. We have reexamined each of these heads one by one and even though Mr. Koti has valiantly contended that they are not of much consequence. We have reexamined each of these heads one by one and even though Mr. Koti has valiantly contended that they are not of much consequence. We find it impossible to find fault with either the reasonings or the conclusions recorded by the learned trial Judge. The learned Addl. S.P.P. was conscious of the fact that if the reasoning appears to be good enough and if the conclusions appear to be plausible, that this Court would not entertain any appeal against the acquittal. His contention was that the assessment by the learned trial Judge has been over rigorous and that the sub-stratum of the evidence has remained unshaken. He does not dispute the fact that the deceased obviously had a very deplorable and rather unpleasant track record. He submits that this does not in any way detract from the position that the accused were the ones who ultimately committed the offence. 5. The learned Counsel who represents the accused Mr. Sebastian attacked the evidence on the ground that P.W.7 being a brother, is highly interested and partisan. We do not see much substance in this contention because the main evidence of P.W.7 with regard to the incident has hardly been shaken seriously and at the same time, no material of any consequence has been elicited to establish any animus between P.W.7 and the accused. Mr. Sebastian did very strongly contend that 200 feet (?) is a long distance and that even if some persons had joined and attacked the deceased that it is not easy in such a situation to identify them with the degree of precision which P.W.7 claims. As indicated by us earlier, this Court would be precluded in an appeal against acquittal from over-turning the reasoning and findings of the trial Court merely because another view is possible unless it were to be demonstrated to us that the learned trial Judge has gone manifestly wrong to the extent and it has resulted in a failure of justice. We therefore confirm the findings recorded by the trial Court as regards the evidence of P.W.7. 6. Coming to the evidence of P.W.8 Huvappa, we need to once again point out that his evidence follows more or less the same pattern as that of P.W.7 and we do not need to elaborately reproduce it. Mr. We therefore confirm the findings recorded by the trial Court as regards the evidence of P.W.7. 6. Coming to the evidence of P.W.8 Huvappa, we need to once again point out that his evidence follows more or less the same pattern as that of P.W.7 and we do not need to elaborately reproduce it. Mr. Koti relied on this evidence for two reasons the first being that he contended that this witness is an independent person and is not a family member or related. Secondly, Mr. Koti submitted that this evidence fully and totally corroborates the evidence of P.W.7. The defence had pointed out that P.W.8 does not appear to have any valid explanation for how he was at that spot except for the fact that he states that he slept on the katta of the house of D-3 on the previous night. The defence has attacked this witness who has admitted his connection with D-3 and it has also been contended that he was obligated to D-3 that he used to work for the deceased and his family and that he was therefore close to them and would support them in their accusations against the accused. Once again, the defence has even brought on record through the mouth of this witness that D-3 had kept in his house one Hanumavva the wife of Hutchappa Pujar and that he had a child through this lady. There was a direct allegation made against this witness by the defence who suggested that like his friends, he was also in the habit of developing illicit intimacies and it was alleged that there was something going on between him and P.W.10 Nagavva. Also, there was a charge against this witness that certain legal proceedings were taken out against him inter alia on the ground that he was involved in committing theft of the crops and that a fine of Rs. 1,500/- was imposed on him. Another aspect of the matter that was elicited through the mouth of this witness was that on one occasion, the deceased and his brothers had even been handcuffed by the police and paraded in the village. The learned trial Judge has analysed this evidence and has again preferred not to rely on it. As regards the meeting on the previous day, the evidence of this witness has not been corroborated by that of P.Ws.15 and 20. Mr. The learned trial Judge has analysed this evidence and has again preferred not to rely on it. As regards the meeting on the previous day, the evidence of this witness has not been corroborated by that of P.Ws.15 and 20. Mr. Sebastian attacked this witness on the ground that P.W.8 is not an employee but a close associate and abettor of the deceased in their many illegal activities and he submitted that more importantly because this witness has mechanically repeated the version put forward by P.W.7 that this would not attach any credibility to him. We need to record here that irrespective of the findings of the learned trial Judge, that we have independently assessed this evidence and having done so, we do feel that the learned trial Judge was right in holding that it would be unsafe to accept this evidence. 7. The next eye-witness is P.W.10 Nagavva who is the mother of the deceased Sangappa. Mr. Koti submitted that this evidence is the bedrock of the prosecution case. He contends that this lady is in fact residing closest to where the incident took place, that she is the most natural witness, that she has very clearly named and implicated all the eight accused in the incident and Mr. Koti went to the extent or submitting that this evidence is so good that it could form the sole basis of a conviction. Unfortunately, if one scrutinises the evidence carefully, as has been done by the learned trial Judge even if one were to accept the fact that she was residing close to the scene of offence, it does not really appear as though she has in fact witnessed the incident from close quarters as claimed by her. Though she has given her age as only 45 years, having regard, to the age of the sons, this figure appears to be incorrect and she does seem to have been older than that. Though she has given her age as only 45 years, having regard, to the age of the sons, this figure appears to be incorrect and she does seem to have been older than that. Secondly, the distance given by her from where she saw the incident is stated to be 300 feet but having regard to the map, it does appear that she was even further than that Also, the exact point of time when she has alleged to have come out from her house and witnessed the incident is a little uncertain and the learned trial Judge has found that apart from a series of infirmities that in totality, the evidence is not as trustworthy as the prosecution makes it out to be. We need to record here that the trial Court judgment contains rather detailed reasoning indicating the grounds on which the evidence becomes unacceptable. Mr. Koti sought to overcome each of these point by point but he had a difficult task in so far as the grounds on which the learned trial Judge has proceeded are all well founded and, in an appeal against acquittal we would not be justified in disturbing them unless it is demonstrated to us that the reasoning is virtually perverse. 8. There are only two other heads of evidence which we shall refer to in passing. The first of them is with regard to the recovery of the bloodstained' clothes from the accused coupled with the fact that they are alleged to have been absconding immediately after the incident. Mr. Koti submitted that both these are very incriminating circumstances and that used in conjunction with the evidence of P.Ws.7, 8 and 10, that this established the prosecution case beyond reasonable doubt. We have gone through the material under these two heads and we find it extremely unsatisfactory. Firstly, what we find is that the accused are alleged to have been arrested after 17days at which time they are supposed to have been still wearing the same clothes which they are supposed to have worn when the incident took place, as the clothes were bloodstained. We have referred to the manner in which the three persons were virtually hacked to pieces with the use of axes and also clubbed to death and the immediate and inevitable inference is that whosoever participated in this incident would have been virtually drenched with blood. We have referred to the manner in which the three persons were virtually hacked to pieces with the use of axes and also clubbed to death and the immediate and inevitable inference is that whosoever participated in this incident would have been virtually drenched with blood. Even if the accused are poor agriculturists or they come from a strata of society where there would not have been in the habit of changing their clothes often, it is impossible 'to believe that when the entire area knew about the triple murder, which news would have spread like wild fire, that the accused would have been moving about for close to three weeks with bloodstained clothes. We find it impossible to accept this evidence. Also, with regard to the allegation that the accused were absconding, we find that there is a yawning gap in the prosecution case. There is nothing to indicate that any efforts were made to arrest them earlier and that they were not available. Neither of the circumstances can therefore avail the prosecution. 9. The last head of evidence which Mr. Koti relied upon was with regard to the alleged recoveries at the instance of the accused. Though he did try very hard to convince us that the incriminating weapons were recovered at the instance of the accused on the day after their arrest, we find a serious hurdle in his way because the prosecution itself has contended that these very weapons were found at the scene of offence and were seized and we find it impossible to reconcile this contradictory evidence. Mr. Koti himself found some difficulty in dealing with this material but we must say to his credit that he tried to point out to us that the confusion can easily be cleared if it is accepted that there were as many as eight accused and that therefore, the number of sticks and axes being large that some could have been left at the scene of offence and some could have been recovered at the instance of the accused. Mr. Koti would have been justified had the prosecution proceeded along these lines but it is not what the evidence indicates. This head of evidence would therefore also have to fail. 10. Mr. Koti would have been justified had the prosecution proceeded along these lines but it is not what the evidence indicates. This head of evidence would therefore also have to fail. 10. That brings us to the most serious aspects and possibly the most disturbing feature of this case namely the fact that the defence has demonstrated with reasonable certainty and which facts even the Police Officers were required to admit, though under some duress, that over a long period of time the deceased had consistently and grossly misbehaved with all and sundry. It is clear that by village standards, they were reasonably well placed. This trend did not stop them from using their muscle power which they did not hesitate to make use of on numerous occasions. It has come on record that they virtually assaulted the people, bullied others, snatched their property, seduced their women and even enticed other persons wives and despite doing all, of these, that they exerted so much power and influence that the law was never really able to bring them to book. This case represents a classic situation that society often witnesses in areas where persons because of their affluence or because of their contacts or a combination of both, resort to violence, and because of the protection which they command from various quarters get away with atrocities of the worst order and where a level of general hostility, hatred and resentment starts building up against them in the minds of all the persons who have been their victims in the course of their misbehaviour. The picture that has been demonstrated by the defence in this case clearly illustrates such a situation and what happened on the morning of 23-3-93 was obviously a case of nemisis or rather the deceased having had to pay or atone for the many long standing atrocities. It is undoubtedly unfortunate that three persons lost their lives but the defence has demonstrated in this case that the deceased were virtually asking for what happened from various quarters and the violence that was, perpetrated against them was unfortunately a retribution for what they had done over a long period of time. It is undoubtedly unfortunate that three persons lost their lives but the defence has demonstrated in this case that the deceased were virtually asking for what happened from various quarters and the violence that was, perpetrated against them was unfortunately a retribution for what they had done over a long period of time. Undoubtedly, this is not a happy state of affairs but the record of this case is illustrative of the fact that it is one more instance where the misdeeds, misconduct and criminal activity have brought about the down fall of the persons who indulged in those very misdeeds. Perhaps, what has happened in this case is a pointer or solitary lesson to persons who indulge, in situations of this type. 11. In sum and substance, after having done a thorough review of the record of this case which is quite voluminous, we are of the confirmed opinion that the decision of the trial Court does not require any interference with. We are indebted to the two learned Advocates who have ably assisted us in the hearing of this appeal. The appeal accordingly fails and stands dismissed. The bail bonds of the accused to stand cancelled.