JUDGMENT

CHINNAPPA REDDY, J.:—This appeal under the SC (Enlargement of Criminal Appellate Jurisdiction) Act, 1970 is against the judgment of the High Court of Andhra Pradesh convicting A-1, A-2 and A-3 under S. 302 read with S. 34 and other offences reversing the judgment of acquittal of the learned Sessions Judge of Khammam. A-4, A-5, A-10 and A-13 who were convicted of certain minor offences and sentenced to short terms of imprisonment have not appealed.

2. The prosecution case briefly was as follows. P.W.1 and his brothers Kotaiah, Anantharamaiah, Venkatakrishnaiah and Radhakrishnamurthy had property at Cheemalapadu and Motlagudem. Venklatakrishnaiah (P.W.2) became divided from his brothers and started residing at Motlagudem while the others were residing at Cheemalapadu. The family owned a cattle-shed at Motlagudem and this fell to the share of Venkatakrishnaiahs brothers. They wanted to dismantle the cattle-shed and share the timber amongst themselves. So on the morning of 2-7-71,P.W.1, his brother RadhaKrisihnamurthy, P.W.5, P.W.7, P.W.8, P.W.9, P.W.10, Seethaiah and Juggaiah went to Motlagudem in four bullock-carts to dismantle the shed and fetch the timber. They reached Motl