ORDER

Leave granted.

2. This appeal by special leave arises from the judgment and order dated 18.10.1995 passed by the Division Bench of the High Court of Andhra Pradesh in Criminal Appeal No. 32/95.

3. The appellant-accused, according to the prosecution, is the uncle of accused No. 2. They were residents of Velleturu Village of Krishna District of Andhra Pradesh. One V. Nageswara Rao alias Naguru, (hereinafter called the "deceased"), was a resident of Sattupalli in Khammam District. PW-9 is the widow of the deceased. PW-1 is the native of Veeramallu village in Khammam District. It is the prosecution case that all of them are `Yerukala by caste. The deceased and PW-6 used to commit thefts and they were ex-convicts. A-1 along with the deceased, also used to commit the offences. While the investigation in Crime No. 110 of 1991, for an offence under section 395, was in progress, PW-16, the Sub-Inspector of Police had sent for PW-1 through the deceased and two constables. At about 11 a.m. on January 17, 1992, they reached Bhimavarppadu village and went into a Hotel at Junction. While P.Ws. 6 and 10 stayed back, the deceased went to the house of PW-1. The deceased informed PW-1 that he wa