Judgment

DUA, J.:- In this appeal by special leave directed against the order of the Andhra Pradesh High Court, the only question canvassed on behalf of the appellants before us relates to the plea of private defence raised by them at the trial. The appellants who are ten in number were tried on as many as 22 charges by the Court of Additional Sessions Judge, Masulipatam and acquitted of all the charges. On appeal by the State against their acquittal there was a difference of opinion between the two Judges of the High Court constituting the Division Bench hearing the appeal. Whereas Sharfuddin Ahmed, J., upheld the order of acquittal on the basis of the plea of private defence, Mohd. Mirza, J., was of the opinion that the prosecution case was proved by overwhelming evidence. The case was in consequence laid before Basi Reddy, J., as provided by Section 429, Criminal Procedure Code. That learned Judge accepted the prosecution case and convicted the appellants on some of the charges. He expressed his final conclusion thus:

"I shall now indicate the charges upon which the accused should be convicted and the sentences that should be imposed:

On charge No. 2, I would convict accused 1, 3 a