JUDGMENT

K. JAYACHANDRA REDDY, J.:-The appellant herein is original accused No. 2 in the Sessions case. He along with four others were convicted under Ss. 302, 149, 148 and 447, IPC and sentenced to undergo imprisonment for life, one year R.I. and six months R.I. respectively. All the convicted accused preferred appeal in the High Court. A Division Bench of the High Court acquitted the other four accused and convicted the appellant alone under S. 302, IPC simpliciter and sentenced him to undergo imprisonment for life. The prosecution case is that on 22-7-78 at about 8 p.m. they formed into an unlawful assembly and attacked Kabal Singh, the deceased on the roof of his house when he was lying on a cot and inflicted several injuries as a result of which he died. It is alleged that the appellant was armed with a gandasi and the other accused were armed with Takwa, lata and sticks. All the five accused are alleged to have gone up on the terrace and attacked the deceased while he was sleeping. The appellant is alleged to have inflicted an incised wound on the abdomen. The rest of the accused inflicted other injuries in total 16. A report was made after 22 hours though the police station