Doraiswamy Raju, J.

This appeal has been filed by the six appellants (Accused Nos. 1, 3 to 7) aggrieved against their conviction concurrently recorded by both the courts below for charges under Sections 148 and 302 read with Section 149 of Indian Penal Code (for short IPC), while holding them not guilty of the charge under Section 147, IPC for which three years R.I. under Section 148 and life imprisonment in addition to payment of fine with a default clause therefor for the other offence, came to be dismissed. Accused No.2 was said to have died during the pendency of the proceedings in the Trial Court itself and the proceedings held to have abated against him on 5.7.1996.

2. The substance of the prosecution case is that there were ill-feelings between the accused and the deceased since the year 1985 when the accused in the month of August 1985 seems to have lodged a complaint against the deceased - Papi Reddy and his son, Bhasker Reddy (PW4), on which a case in Crime No. 110/85 under Sections 452, 341, 365, 322 read with Section 149, IPC. and Section 7 (1) (d) of the PCR Act was registered. On 7.10.1987, the date of occurrence, about 9.15 a.m., the deceased and PW-4, his younger son