JUDGMENT

D.P. Mohapatra, J.-Seven accused persons were charged under Sections 148 and 302 read with Section 149 of the Indian Penal Code. Two of them, accused No. 2-Mahanandi and accused No. 3 - Eranna were acquitted by the Trial Court and the rest i.e. accused No. 1-Kowthalam Chinna Narasimhulu @ Donga Ramudu, accused No. 4 - Dadapeer, accused No. 5 - Mohidin Peeran, accused No. 6 - Khaja Hussain and accused No. 7-Chand Basha were found guilty of the offences charged and were sentenced to undergo rigorous imprisonment for two years for the offence punishable under Section 148 IPC and to suffer life imprisonment for the offence punishable under Section 302 IPC. The trial Court further held that both the sentences were to run concurrently.

2. Being aggrieved by the judgment of the trial Court, both, the convicted accused and the State of Andhra Pradesh filed appeals before the High Court. The High Court by the judgment dated 3.9.1990 allowed the appeal filed by the convicted accused and dismissed the appeal filed by the State. Therefore, the State of Andhra Pradesh has filed these appeals against all the seven accused persons.

3. The prosecution case, as unfolded by the eye-witnesse