Judgment

GUPTA, J. :- The appellants were acquitted by the Additional Sessions Judge, Kurnool, of the charges framed against them under Section 148 and section 302 of the Indian Penal Code, alternatively under S. 149 read with Section 302 of Indian Penal Code for the murder of one Chinna Sidde Reddy on August 1, 1968. The High Court of Andhra Pradesh at Hyderabad on appeal preferred by the Public Prosecutor of Andhra Pradesh set aside the order of acquittal and convicted the appellants under Section 302 read with Sec. 149 of the Indian Penal Code and sentenced each of them to imprisonment for life. They were also convicted under Section 148 of the Indian Penal Code and each of them was sentenced to suffer rigorous imprisonment for two years, the sentences were directed to run concurrently. In this appeal preferred under Section 2 of the SC (Enlargement of Criminal Jurisdiction) Act, 1970 the correctness of the High Courts order setting aside the acquittal is under challenge.

2. Accused Nos. 1 to 9 are residents of village Putlur and accused No. 10 used to reside in a neighbouring village Cherukulapadu, about two and a half miles from Putlur. For over twenty years these villages have