Judgment

Pattanaik, J.-The appellants and two others, in all ten in number stood charged and were tried for having committed the offence under Sections 302/149, 307/149 and 148 Indian Penal Code in the Court of Sessions Judge, Cuddahep for forming an unlawful assembly and causing the death of Racham Reddy Rama Subba Reddy and Racham Reddy Obula Konda Reddy and for attempting to kill Chinna Reddy. The learned Sessions Judge acquitted accused numbers 7 and 8 but convicted rest of the eight accused persons under Section 302 read with Section 149 and under Section 148 IPC. They were, however, acquitted of the charge under Section 307/149 IPC. On appeal the High Court affirmed the conviction and sentence passed by the learned Sessions Judge and hence the present appeal. During the pendency of appeal in this Court two of the appellants died, namely, accused Nos. 4 and 5 and as such the appeal stood abated as against them.

2. The prosecution case in nutshell is that there was some dispute six months prior to the date of occurrence between the prosecution party and the accused party on account of the fact that P.W. 1 who is the brother of the two deceased persons obstructed the passage to th