ORDER

The Sessions Court of Krishna Division at Machilipatnam at Andhra Pradesh tried six accused persons alleging that they caused the death of Vemulapalli Buddah Vara Prasad @ Buddah Prasad. The deceased Buddah Prasad was the owner of banana garden. The prosecution allegation was that these accused trespassed into his property and took away some bamboo poles used for supporting the plants. Some criminal cases were also filed against these accused alleging that they have committed theft of bamboo poles. According to prosecution the accused nurtured grudge against the deceased and on 3.11.1990, they attacked deceased Buddah Prasad and caused his death. PW-1 and PW-2 had seen the accused committing the offence. They went and informed the matter to the Ex. Sarpanch (P.W. 3) who prepared report, then PW-1 and PW-2 went to the police station and gave that report to the Sub Inspector of police (PW-9). After investigation, police filed charge sheet alleging that accused had formed themselves into an unlawful assembly and caused the death of Buddah Prasad.

2. The Sessions Court framed charges against the accused on three counts. The first charge was under Section 148 IPC alleging that they