JUDGMENT

K. JAYACHANDRA REDDY, J.: - This is an appeal under S. 2(A) of the SC (Enlargement of Criminal Appellate Jurisdiction) Act read with S. 379, Cr. P.C. The five appellants (original accused Nos. 1, 2, 3, 4 and 5) were tried along with four others for offences punishable under Ss. 148, 302 149, 324 and 323 read with S.149, I.P.C. for the alleged murder of one Vinod Sagar, the deceased in the case and for causing injuries to P.Ws. 1 and 4 during the same occurrence. The trial Court acquitted all of them. The State preferred an appeal and the High Court allowed the same in respect of these appellants and convicted and sentenced each of them to undergo imprisonment for life and other lesser terms of imprisonment for other offences and confirmed the acquittal of the remaining four accused. The prosecution case is as follows:

The deceased, Vinod Sagar, was an Excise Contractor, For the year 1978-79 the deceased along with P.W.4 and two others had obtained the licence in respect of Ramanathapur arrack shop. In connection with that business, he and P.W.4 used to visit the shop every evening and remain there till the shop was closed looking into the accounts and then take away the cash. P.Ws. 1 to 3 and two other persons were the employees in the arrack shop. The father of A-8 was a licencee in respect of an adjoining arrack shop at Uppal at a distance of four kilometers. A-1 and A-7 are the cousins of A-8 having an interest in that arrack shop at Uppal. A-2 to A-6 and A-9 are said to be the associates of A-1, A-7 and A-8. According to the prosecution there were some ill-feelings between the accused and the deceased. On the day of occurrence namely 29-10-1978 at about 6.30 p.m. the deceased was going to his shop in a car and A-1 was going on a motor-cycle from Uppal. When the deceased was taking a turn to reach his shop, his car struck the motor-cycle upon which A-1 was travelling and knocked down the motor-cycle and A-1 and this led to quarrel and deceased and A-1 abused each other. A-1, however, picked up his motor-cycle and went away towards Hyderabad hurling threats. Later in the night at about 10 Oclock while the deceased, P.W.4 and their employees P.Ws.1 to 3 and other were at their shop, A-1 to A-9 came there in an auto-rikshaw and on two motor-cycles armed with knives and other weapons and attacked the deceased. A-2 first caused a bleeding injury on the right cheek of the deceased with a barbers razor whereupon the deceased ran into the shop and entered the hall. Then all the accused chased him and A-4 stabbed the deceased in the back with a knife. The deceased on receipt of the injury ran into the adjoining room but before he could bolt the door of the room, he was dragged out by the accused and A-4 again stabbed him and the other accused are alleged to have caused various injuries with the weapons in their hands. When P.Ws. 1 and 4 and another employee intervened, they were also beaten up. The accused then left the place. Thereafter P.Ws. 1 and 4 and another person took the deceased, who was still alive, to Osmania General Hospital in the car. The Doctor, who examined him, declared him to be dead. P.W.4 then asked P.W.1 to go to Uppal Police Station and report the matter. P.W.1 accordingly went in an auto-rikshaw to Uppal Police Station and gave the report Ex. P.1 which was reduced into writing by P.W. 10, S.I. who sent P.W. 1 to the Hospital for examination and treatment of his injuries. P.W. 10 went to the scene of occurrence, prepared an observation report, held the inquest over the dead body and examined the material witnesses. The Doctor, P.W. 7, who conducted the post-mortem, found as many as 9 injuries on the dead body of the deceased. Most of them were incised wounds and on internal examination he found that injury No. 9, a spindle shaped one, passed through the inter-coastal space and the upper lobe of the lungs and communicated with the left bronchus. He opined that all the injuries were ante-mortem and injury