Judgment

SARKARIA, J.: - The Appellants were tried and acquitted by the Additional Sessions Judge, Nellore, of offences under Sections 302/149, 148 and 324, Penal Code for causing the death of Vengaiah and injuries to P. Ws. 2 and 3. On appeal by the State, the High Court reversed the acquittal and convicted all the six accused under Section 302 read with Sec. 149 and sentenced each of them to suffer imprisonment for life. They were further convicted under Sections 326/149, Penal Code and under Sections 324/149, Penal Code for the injuries caused to P. W. 3 and P. W. 2 and sentenced to rigorous imprisonment. Hence this appeal.

2. The facts of the prosecution case were these.

3. In village Kurrapalli, there are four Kamma ryot families which are divided into two warring factions. The appellants belong to one faction. They are all interrelated. Accused 6 is the mother, A-1 and A-2 are her sons. A-4 is A-6 s brother-in-law s grandson. A-5 is her son-in-law. A-3 is the first cousin of A-1 and A-2. Excepting A-3, all the appellants live together. P. Ws. 1 to 5 are also inter related. They belong to the rival faction. The house of P. Ws. 1 to 5 and the deceased are separated by a narrow lane from the houses of the appellants. Estrangement between the two factions commenced about four years before the occurrence, when the appellants purchased a field known as Mangalavani Chenu. Convenient passage to the hayrick yards of the P. Ws. and other members of their faction lay through this field. The appellants denied that passage. As a counter-blast, the faction of the complainant did not allow the appellants to go across their southern lane to fetch water from the well. There was also criminal litigation between the two factions.

4. On January 28, 1969, P. Ws. 1 and 4 were bringing earth in their bullock carts to their house. When the cart reached near the house of A-1, A-2 and A-6 obstructed its passage and forced P. Ws. 1 and 4 to unload the cart there. P. Ws. 1 and 4 complained to Vengaiah, deceased. He advised then to avoid a clash and to bring the earth in head-loads by breaking open a passage through the wall of Ramilla Lakshmamma belonging to their own faction.

5. On the following day, there was quarrel over the making of the passage, between A-6 and her sister Chennamma on one side, and P. W. l s mother on the other. During that quarrel, Chennamma sustained an injury. At this juncture, Vengaiah came on the scene. He rebuked the parties. Chennamma made a complaint to the Truine Officer alleging that she had been assaulted by P. W. 1 with a crowbar. The officer forwarded that complaint to the Police Station, Udayagiri. The Head-Constable (P. W. 12) who was then in-charge of the Police Station, called P. W. 1, through a constable, to the Police Station. After interrogation, he allowed P. W. 1 to go at about 8 P. M. After making inquiries from Chennamma, the Head-Constable informed her that the case was non-cognizable, and that she could, if she so desired, seek redress by a private complaint made in court.

6. On January 30, 1969, P. Ws. 1 and 4 brought two cartloads of earth by another route known as Vaddeveedhi. Leaving the cart in the open place near the house of A-1, P. Ws. 1 and 4 went into their house to take breakfast. In the meanwhile, the bullocks dragged the unattended cart into the open space in front of the house of A-1. The appellants were sorely annoyed. P. Ws. 1, 4 and 5 and R. Lakshmamma pleaded that they were not to be blamed for that mischief committed by the animals. The appellants were in rage. They spurred the explanation offered by the P. Ws. and unyoked the bullocks. P. Ws. 1 and 5 tried to re-yoke the animals in order to take away the cart. All the appellants, who were then present in the compound, abused and stoned the P. Ws. At this juncture, Vengaiah deceased arrived there. He interceded and advised the appellants to settle their dispute amicably and to refrain from violence. The appellants pounced upon the decease