JUDGMENT

Santosh Hegde, J.-Thirty-five accused including the appellant herein were charged for offences punishable under Sections 302, 147, 149 and 304 IPC for having committed the murder of one Krishnaiah on 28.7.1988 at about 7 a.m. near the Ram Mandir (Temple) at Palachuru village. The learned Sessions Judge, Nellore Division, Nellore, by his judgment dated 18.5.1999 acquitted all the accused persons of the charges framed against them holding that the prosecution had failed to establish its case. In appeal the High Court of Judicature Andhra Pradesh at Hyderabad by the impugned judgment came to the conclusion that A-1 (since deceased) and A-2 (the appellant herein) were responsible for causing the death of deceased. The High Court also held that A-3 was responsible for causing injuries to PW-1. Since by then A-1 had died, the proceedings against him had abated, therefore, the High Court convicted A-2 for an offence punishable under Section 302 simpliciter and sentenced him to undergo imprisonment for life while A-3 was convicted by the High Court for an offence punishable under Section 324 IPC, the said A-3 has not challenged his conviction and sentence, so the present appeal bef