JUDGMENT

 A rioting, which was of grave nature, took place on 14-6-1981 between 2- 4.30 p.m. at Yerragunttakata, Gyarrukotta village in Cuddapah District. During the course of the rioting four persons died and several witnesses, including PWs 1, 2, 7-16, 18, 19 and 20 were injured. Fiftyone accused were charge-sheeted and tried. The learned Sessions Judge convicted 10 of them for the offences of murder and sentenced them to undergo imprisonment for life. They were also convicted under various counts, including being the members of unlawful assembly, for causing several PWs injuries. Learned Sessions Judge acquitted A-11, in particular, accepting plea of alibi set up by him. The convicted accused preferred an appeal. The State also preferred an appeal, except against A-11. The High Court in a detailed judgment accepted the evidence of the injured witnesses to the incident who spoke about the presence and participation of some of these appellants and in this view of the matter, the High Court confirmed the convictions of A-2, A-7 and A-34 under S. 302, IPC and also convictions of A-3, A-5, A- 18, A-22 and A-48 were confirmed by the High Court under Ss. 302/149, IPC. The convictions of these accused on other charges were also confirmed. The rest of the appellants were acquitted by the High Court. A-18 has not filed any appeal before us. The other convicted accused, A-2, A-3, A-5, A-7, A-22, A-34 and A-48 have preferred this appeal.

2. The prosecution case is that there were long-standing factions in the village between the two groups, who belong to two different dominant castes. Several criminal cases have been instituted against both the factions; security proceedings were also pending against them. The relationships between the two groups became more strained. On 14-6-1981, i.e. on the day of the incident, PW-3 went to the tea-stall run by PW-6 at about 2 p.m. The first deceased came to PW-6 for purchasing Bidies. Suddenly, A-34 came from behind and stabbed him on the back with a dagger. The first deceased fell down. He was again stabbed by A-34 and this was witnessed by PWs. 4 and 5. After sustaining the injuries, the first deceased died. Seeing this PWs. 4 and 5 got afraid, went inside PW 5s house and closed the doors. PW-7, the wife of the 1st deceased rushed to the tea-stall. She saw her husband dead. Meanwhile, some of the accused armed with sticks came there and it is alleged that PW-7 was injured and occurrence picked up momentum and it is stated that all the accused met and formed themselves in an unlawful assembly. A-1 to A-4, A-7 and A-12 were carrying guns, A-10 and A-11 were carrying spears and the others were carrying sticks and stones. A-1 opened fire from the lane upon the Yadavas group who were standing in front of Raghavaiahs house. During the course of firing, PW-2 also got injured. A-7 fired another gun shot and hit the third deceased. The fourth deceased and his wife (PW 20) were in their hut which was being used as a kitchen, across the road from their main house. PW-18 and PW-19 also received injuries caused by A-48 and A-5 respectively. PW-18 and PW-19 stood near the window of their house and they saw a group of Balijas coming towards their house. A-1 fired the gun causing a hole in the door. A-6 speared through this hole which struck the abdomen of the fourth-deceased. After this attack, the accused left the place. An FIR was given to the police by PW-1 at about 7 p.m. The Sub-Inspector (PW-37) received the information and the Deputy Superintendent of Police sent the injured witnesses to the Government hospital where they were examined by the doctors. The inquest was held-on the dead bodies of the four deceased persons. The accused were arrested on several dates. A charge-sheet was also laid. On examination under S. 313, Cr. P.C. the accused denied the offence and A-11 particularly put forward a plea of alibi. He has submitted that he was at Tirupati for attending a conference under the auspices of TTD. I