K.K.Mathew, J.

(1) THIS appeal, by special leave, is from the judgment of the High court of Andhra Pradesh reversing the judgment of the Additional Sessions Judge of Kurnool in Sessions Case No. 30 of 1968 acquitting the 20 accused in the case.

(2) THE prosecution case was as follows. Deceased Pedda Venkata Reddy was a rich and influential person of Singaripalli village in Giddalur Taluk. P. Ws. 1 to 7 are his sons and they were living together as members of a joint family. Of his sons, P. W. 6 was a student of the final year M. B. B. S. class and P. W 7, an advocate practising in Giddalur. The accused were related to each other and they also belong to Singaripalli village. On the evening of 29/12/1967, P. W. 2 found some buffaloes belonging to A-3 grazing in the horse-gram field belonging to their family. He drove them to the cattle pound. A-2, A-5 and A-13 interfered and P. W. 2 was beaten by A-5. P. W. 2 came and told about this incident to his father and brothers. His father and P. W. I went to the House of A-3 and questioned A-5, who is the son of A-3, about his conduct and they. returned to their home. At about 6 a. m. on the next day, namely, 30/12/1967, the accused came in a body and stationed themselves before the house of the deceased crying out "Kobali". The deceased and his sons were attending to their daily duties. Seeing the accused coming in a body, the deceased asked them why they were coming out in a threatening manner. Then A-4, A-13, A-17 and A-18, came near the deceased saying that unless he was done away with, their troubles would not end. Thereafter, A-4 dealt a blow on the head of the deceased with a cart peg. The deceased bent his bead in pain whereupon A-13 dealt a blow on his head with a chetny pounder. The deceased fell down when he received the second blow. When their father fell down, the sons of the deceased came out and each one of them was beaten by some or the other of the accused. A-3 and A-5 beat P. W. I on his head with a cart peg ;A-14 and A-15 attacked P. W. 2 and A-15 gavea blow on the head of P. W. 2 with a chetny pounder. A-1 and A-2 dealt blows on the head of P. W. 3, A-11 and A-20 beat P. W. 4 on the head and right shoulder, A-12 beat P. W. 5 on the head and on the left elbow with a cart peg. P. Ws. 6 and 7 were injured by the pelting of stones by the women accused. Hearing the commotion, the farm servants of the deceased came on the scene and drove away the accused.

(3) AFTER the accused left the scene, the deceased was taken inside the house. He was unconscious at the time. A passing lorry was hired and all the injured were taken to the government hospital at Giddalur for treatment. Giddalur is about 30 miles away from Singaripalli. P. W. 18, the medical (officer in charge of the hospital examined the injuries on the deceased and P. Ws. 1 to 7. P. W. 18 sent an intimation to the police about the "accident and injuries". He also intimated the Magistrate at II.15 a. m. that the condition of the deceased was serious and that a dying declaration should be recorded. The Magistrate came to the hospital but he found that the deceased was unconscious. The Head Constable of Giddalur police station, who received the intimation, came to the hospital, and recorded the statements of P. Ws. 1. to 7. They are exhibits P-1 P-3 and P-8. The statements were despatched to Komarol police station which had jurisdiction over Singaripalli. Before the statements were received at Komarol police station, A-4 and 7 others residing in Singaripalli village came with injuries on their persons to the police station at Komarol at 4.30 p. m. on 30/12/1967, and P. W. 27, the Sub-Inspector, recorded the statement of A-4 and arranged to send all the injured persons to Giddalur. In his statement (exhibit P-50), A-4 said that the deceased and his son and others came to the house of A-3 and beat him, A-3, A-12, A-13, A-15, A-17 and 2 others. It was after recording the statement of A-4 a