Judgment

K. JAYACHANDRA REDDY, J. :- There are nine appellants. They along with three others were tried for offences punishable under Sections 148, 302/149, 324, 326, 324/149 and 326/ 149, I.P.C. The trial Court acquitted A-11 and A-12 and convicted the appellants u/ Ss. 148,324 and 324/149, I.P.C. and sentenced each of them to undergo R. I. for 18 months under Section 148 and 2.1 months on each of the other two counts. They were, however, acquitted of the murder charge. A-10 died during the trial. The State preferred Criminal Appeal No. 393/78 against all the 11 accused questioning their acquittal of the murder charge. The nine convicted accused preferred Criminal Appeal No. 1310/ 78. The High Court disposed of both the appeals by a common judgment and dismissed Criminal Appeal No. 1310/ 78 filed by the accused but allowed Criminal Appeal No. 393/78 filed by the State against A-1 to A-9 and convicted all the nine accused under Sections 302/149 and 326/149 and sentenced each of them to undergo imprisonment for life and R.I. for three years respectively. The sentences were directed to run concurrently. Hence the present appeals.

2. Since these are regular appeals filed under Section 379, Cr. P. C. read with Section 2 of the SC (Enlargement of Criminal Appellate Jurisdiction) Act, we have gone through the judgments of both the courts below and also the depositions of the material witnesses.

3. The prosecution case is as follows:

There was long-standing faction between the family of Gunnala Ramachandra Reddy, deceased No. l(D-l) and that of one Narasimhulu, an Advocate. Both the families are natives of Nallagatla Village of Allagadda Taluk of Kurnool District. Issac, deceased No. 2 (D-2), P.Ws 1,4,5,7,8 and 9 and others are the followers of D-l. A-1, A-2 and A-S are the brothers of Narasimhulu. A 3 and A-4 are his nephews. The other accused were also his followers. The factions were in existence since 20 years and there were seyeral riotings and murders between the two factions resulting in criminal cases. In February 1976, a case involving seven deaths was pending trial against the partymen of the Advocate Narasimhulu. P.Ws 1, 5,7,9 and some others of D- ls party were witnesses for the prosecution in that case. Due to the bitterness of feelings between the parties and the tense atmosphere, bandobust constables were posted the village to maintain law and order. D-l, P.Ws I and 8 had to attend the Court of the Judicial First Class Magistrate, Allagadda on 23-2-1976. They left their houses in the morning for the bus-stop to go to Allagadda along with some of their partymen including P.Ws 4, 5, 7 and 9. P,Ws 3 and 6 also came to the bus-stop. They missed two or three buses. Later they got into a bus along with D-l and D-2. They alighted at the bus stop Allagadda and were proceeding to the town along the road. P.W. 2 who was near the Brokers office, also joined them and they were all proceeding talking to each other. It was then about 11.30 A. M. or so. When they reached the house of Advocate Narasimhulu, A-l armed with a hunting sickle and A-4 armed with a spear suddenly came out of the house and A-4 stabbed D-l on the left side of the ribs with the spear. A-l cut D-l on his right wrist with the hunting sickle. A-2, A-3 and A-S to A-12 also joined A-l and A-4. A-2, A-6 and A-8 were armed with hunting sickies. A-5 was armed with a battle-axe. A-3, A-7 and A-9 to A-12 were armed with spears. P.Ws 4, 5,7 and 8 intervened and pushed D-l towards the pial of Lakshmi Narasimhulu. A-l to A-5 went up to the pial and attacked D-1 with the weapons in their hands. When D-2 tried to intervene, A-6 to A-10 attacked him with the weapons in their hands. The other P.Ws tried to intervene. In the process P.W. 1 received an incised injury on his wrist. P.W. 2 was also stabbed with spear by A-3. P.W. 3 was cut on the right side of his forehead with a battle-axe by A-5. P.W. 4 was cut with hunting sickles by A-1 and A-6 on several parts of his body. P.W. S