JUDGMENT

SARKARIA, J.:— This appeal by special leave is directed against a judgment, dated September 29, 1971 of the High Court of Andhra Pradesh. Eight persons who will hereinafter be referred to as A-1 to A-8, were put on trial for the murder of Peddiah alias Dubbanna and his two sons, Chinna Pullana and Pedda Pullanna.

2. About 2 years before these murders (Sugreevudu) one of the sons of A-1 was murdered at the toddy shop of P. W. 4, Mukkidi Naganna was prosecuted under Section 302, Indian Penal Code for that murder, Venkataramudu, the grand-son of P. W. 4, herein, was a prosecution witness in that case. Peddiah alias Dubbanna deceased in the present case was looking after the defence of Mukkidi Naganna and as a result of his influence one prosecution witness in that case turned hostile. Since the murder of Sugreevudu, A-1 had been living in village Divamdinne. On account of this the present accused were nursing a grudge against the deceased.

3. On July 22, 1970 at about 2.30 p. m., the deceased Peddiah alias Dubbanna, his sons, the other two deceased, and his wife (P. W. 1) went to their filed called Cheruvu Chenu in the revenue estate of village Kanakaveedu. Peddiah started running a Guntaka pulled by bullocks, while the sons engaged themselves in putting mud on the bunds. P. W. 1 was collecting the uprooted studs in a basket. In the afternoon, P. W. 1 with a basket full of the uprooted stubs started to go home. When she had gone a short distance, she saw A-1 to A-3, armed with Yerika Sickles, coming from the direction of Kanakaveedu village. Sensing danger she threw the basket and ran back towards the filed where her sons were working, shouting that their father would be killed. At the same time, A-4 to A-8 and two other strangers also armed with sickels and battle axes approached the deceased persons. All these 10 persons converged on Peddiah and started assaulting him with their weapons. The assailants killed Peddiah alias Dubbanna at the spot in no time and then immediately rushed towards the sons, Chinna Pullanna and Pedda Pullanna, and attacked them. P. W. 1 in an attempt to save her eldest son, approached the assailants with her hands raised, entreating them to spare her son. But A-4 struck P. W. 1 with the sickle causing an injury on her left palm and also hit her with the handle portion of the sickle on the left arm. All the accused gave an indiscriminate beating to the two sons and killed them at the spot. P. W. 2, Boya Jaggapuram Hanumanna and Venkataramudu also witnessed the occurrence. P. W. 1 then rushed to the village while the assailants were still active on the scene. On reaching the village she informed P. W. 3 about the occurrence when the latter asked her as to how she had sustained the bleeding injury on her left hand. P. W. 3 is the wife of one Narasimuhulu who was the nephew of deceased, Dubbanna. Narasimhulu was away from his house at that time. Shortly thereafter, all the assailants, including A-1 to A-8, similarly armed came to the house of Narasimhulu, brandishing their bloodstained weapons, and enquired from P. W. 3 in abusive language regarding the whereabouts of her husband. The accused proclaimed that they had done away with three persons in the filed, and they had come to do away with Narasimhulu, also. P. W. 3 replied that she did not know the whereabouts of her husband. The accused then similarly armed proceeded to the house of P. W. 4, who was then sitting on the pial of his house. They enquired of him about his sons, proclaiming that they had just exterminated Dubbanna and his two sons and would finish his sons, also P. W. 4 told them that his sons were not at his house. After abusing P. W. 4 filthily the accused went away towards the house of Eramma, P. W. 5, and enquired regarding the whereabouts of her husband. She told them that her husband had gone away to another village. The assailants them went away shouting that he had escaped death.

4. Shortly after the departure of the assailant