Judgment

B.C.RAY, J.:- This appeal by special leave is against the judgment and order dated 19-4-1976 made by the High Court of Andhra Pradesh in the Referred Trial No. 2 of 1976 and Criminal Appeals Nos. 159, 168 and 169 of 1976 acquitting all the 7 accused who were convicted and sentenced by the Sessions Court, West Godawari Division at Eluru, Andhra Pradesh, in Sessions Case No. 71 of 1975.

2. The prosecution case in short is that on 23rd July, 1974 at 7.30 a.m. the accused persons forming themselves into an unlawful assembly in the house of the 1st accused and arming themselves with spears, sticks and crow-bars attacked the deceased while he was returning from the canal carrying water in what is locally known as "Kavadi". When the deceased reached the house of the 1st accused, all the ten accused came from behind and the 2nd accused gave a blow with a stick on the back of the head of the deceased as a consequence of which he fell down on his back. Then the 1st accused speared the deceased on his face and legs, the 5th accused poked the deceased on his right wrist with a crow-bar and the 6th accused speared the deceased on his legs and hands. The rest of the accused then beat the