Judgement

CHANDRACHUD, J:- Though seven persons were originally put up for trial in the Sessions Court. Krishna Division, Machilipatnam, we are now concerned only with one of them Bandarupalli Venkateswarlu, who was arraigned as accused No. 3. The learned Sessions Judge convicted the appellant under Section 304, Part II, Penal Code, and the remaining six under Section 304 read with Section 149. The judgment of the Sessions Court was challenged by the accused as well as the State Government. The High Court of Andhra Pradesh allowed the appeal filed by the State partially by convicting the appellant under Section 302 and accused Nos. 5 and 6 under Section 302 read with Section 34. All of these were sentenced to im-prisonment for life. The remaining four were acquitted by the High Court.

2. The special leave petitions filed by accused Nos. 5 and 6 were dismissed by this Court on September 14, 1970. The special leave petition filed by the State of Government against the acquittal of accused Nos. 1, 2, 4 and 7 was also dismissed by this Court on the same date. The jail petition filed by the appellant came before this Court subsequently when special leave was granted to the appellant to ap