JUDGMENT

Thomas, J.-In this case of an organised mass attack unleashed on some unarmed victims 4 persons were killed and 17 were injured, many of them grievously. Police charge-sheeted 64 persons as accused in this case, but the Sessions Court convicted only 45 among them for various offences, common of which is rioting with deadly weapons. Among those accused who were convicted of murder, the trial court sentenced first accused to death and others who were convicted under Section 302 IPC with or without the aid of Section 149 IPC were sentenced to life imprisonment. Shorter terms of imprisonment were awarded to those accused who were convicted of lesser offences. Out of the 45 convicted persons one died after trial Court judgment and so the High Court of Andhra Pradesh heard the appeals filed by the remaining 44 persons. A Division Bench of the High Court confirmed the conviction and sentence as against 35 of them, except that the sentence of death passed on the first accused was reduced to imprisonment for life. This appeal has been filed by the aforesaid 35 persons after obtaining special leave.

2. The case put forward by the prosecution as against the appellants is, in short, thi