Judgment

VAIDIALINGAM, J.: These appeals, by special leave, by the five appellants who are accused Nos. 1 to 5, are directed against the common judgment and order dated April 26, 1968 of the Andhra Pradesh High Court in, Criminal Appeals Nos. 833 and 1031 of 1966.

2. The appellants took their trial before the learned Additional sessions Judge, Nellore for the following offences:

1. Rioting armed with deadly weapons under Section.148 I. P. C. against Nos. 1 to 5.

2. Murder with common intention under Section 302 read with S.34 I. P. C. accused Nos. 1 to 5.

3. Murder under Section 302 I. P. C. only against accused No. 2.

4. Voluntarily causing hurt with dangerous weapon under Section 304 I. P. C. against accused No. 4.

3. The prosecution case was as follows: One Mannam Siddaiah had seven sons of whom P. W. 3 is one. The first and the third accused are brothers and their other two brothers were Peraiah and Sheshaiah. Similarly, the second and the fifth accused are brothers and the fourth accused is the son-in-law as also the sister s son of the first accused. The mother of the first and the third accused and the mother of the second and fifth accused are sisters. The father of the first acc