JUDGMENT

R. S. SARKARIA, J. :— This appeal by special leave is directed against a judgment of acquittal rendered by the High Court of Andhra Pradesh.

2. The facts may now be stated.

3. There are three villages, Konda Kala Vatala, Konda Papaya Palli and Govinda Palli situated at a short distance from each other. There were two warring factions in these villages. One was led by Vellugoti Pedda Eswara Reddy deceased and MumagalaNarayana Reddy, the Sarpanch of Konda Kala-Vatala. The rival faction was headed by Akkammaredigari Venkata Kondareddy Accused No. 1 (for A-1). There was bad blood between the two factions. Both the factions were proceeded against under Sections 107/151, Cr. P. C. also.

4. The deceased was a resident of Konda Papayapalli village. On May 16, 1968, the deceased accompanied by PW 1, K. Venkatareddy, went to Jammalamadugu and stayed for the nightthere in the hotel of PW 12 (Dastagiri). On the following morning at about 8.30 a.m., they boarded bus No. APD 2083 for proceeding to their village. L. Venkata Ramanna (PW 14) was checking tickets on that bus. When the bus stopped at Sanjamalavari House, Accused 2, 3, 5 to 8 (for short, A-2, A-3, A-5 to A-8) boarded it. On seeing the accused, who belonged to his opposite faction, the deceased got apprehensive of his safety. He therefore alighted from the bus, and, accompanied by PW 1, returned to the hotel of Dastagiri. After remaining at the hotel for some time they returned to the bus stand, and boarded bus No. APD 2276, at about 9.30 A. M. for going to their village. P. W. 11 (E. Solomon) was the driver and P. W. 9 (V. Bala Subbanna), the conductor of that bus. There were about 30 passengers, including PW 2, Pw 3 and PW 4, in the bus. At about 10.30 a.m., the bus halted at Nossam near the hotel of Rangappa, PW 10. This bus-stop is at a distance of about 60 or 65 yards from the Police Outpost and is located in populated quarter of the which has a population of 3,000 souls. The conductor, the driver some of those passengers got down to take refreshments in the nearby hotel. Some passengers including the deceased and P.Ws. 1, 2 and 4, however, remained inside the vehicle. A-4 then came there. He peeped into the bus through the door and went away towards the house of Yerikala Reddy situated at a distance of 200 from the bus towards the north. Soon thereafter A-1 and A-2, armed with revolvers and A-3 to A-13, all armed with daggers, came there from Yerikala Reddys house, encircled the bus and at the point of dagger forced the passengers including PWs. 1 and 4, to get out of the bus. The deceased also tried to get away but the accused prevented him from doing so. A-1 and A-2 took positions in the doors of the vehicles. They fired revolvers in the air while their companions immediately entered the bus and there stabbed the deceased to death causing no less than 44 injuries. The assailants were yelling : "Stab! Kill!" P. Ws. 1 to 4 witnessed the occurrence. P. W. 1 while raising an alarm proceeded towards the Police Outpost but the accused obstructed and chased him over a short distance. P. W. 1 took to his heels, went away from the village and concealed himself somewhere. After about two hours he came out his hiding, and returned to the spot at about 12.30 p.m.

5. After murdering the deceased the miscreants went away towards the north taking their weapons with them. Thereafter, P. Ws. 2, 3 and 4 entered the bus and found the deceased lying dead in a pool of blood. P. W. 2 then went to Papayapalli, five miles away, and informed the wife and the relations of the deceased about the occurrence. He returned to the scene of the crime in the company of those relations at about 4 p.m.

6. In the meantime the village Munsiff (P. W. 15) on hearing about this incident, also came there. At the dictation of P. W. 1, the Munsiff recorded the complaint, Ex. P-3, and then prepared an injury statement of the deceased. At about 3 p.m., he sent complaint together with other documents prepared by hi