JUDGMENT

Nanavati, J.-This appeal by Original Accused Nos. 9 and 11 arises out of the judgment and order passed by the Andhra Pradesh High Court in Criminal Appeal No. 756 of 1981 confirming the order of conviction and sentence passed by the Court of the Sessions Judge, Cuddapah in Sessions Case No. 45 of 1980.

2. On 8.9.1979 at about 4.30 P.M. Sivarami Reddi alias Sivanna of Village Kondapuram, along with his uncle Bodella Yellareddi (P.W. 1) and his grandson Jayachandra Reddy (P.W. 2) had gone to his lime garden for watering lime trees. At about sunset time they started returning and when they had come near the bus stand, Accused No. 1 along with other 11 accused assaulted Sivanna with hunting sickles, daggers, spears and hatchets, because of the enmity between the party of Sivanna and the party of Accused No. 1 Sivanna died on the spot. Jayachandra Reddy, remained near the dead body and Yellareddy (P.W. 1) went to the police station. He gave a complaint (Exh. P-1) in writing and on that basis an offence was registered. All the 12 accused were chargesheeted by the police and they came to be tried in the Court of Sessions, Cuddapah for the offences punishable under Sections 148, 302