Judgment

H.K. Sema, J.—23 accused in all were put to trial before the Trial Court under Sections 148/302/149 IPC. A-21 died before the Trial commenced. A-1 to A-20, A-22 and A-23 faced the trial. The Trial Court convicted A-2, 3, 6, 12 and 14 under Section 148 and sentenced to rigorous imprisonment for three years. The Trial Court also found A-2, 3, 6, 12 and 14 guilty under Section 302 and sentenced to rigorous imprisonment for life and a fine of Rs. 2000/- in default three months rigorous imprisonment. Being aggrieved, two appeals were preferred before the High Court. Criminal Appeal No. 1727 of 1997 was preferred by Sathuluri Rayappa A-2, Sathuluri Chalapathi A-3, Sathuluri Dibbaraju A-6 and Garapati Mastan A-12. Criminal Appeal No. 18 of 1998 was separately preferred by Satuluri Milke Raju A-14. By the impugned order the High Court acquitted all of them. Hence these appeals by special leave by the State of Andhra Pradesh.

2. Briefly stated the facts are as follows:

The accused and the material prosecution witnesses were the residents of village Chilakaluripeta. The deceased Pilli Mohan Rao was also the resident of the same village. Eyewitnesses P.W.1 Pilli Subba Rao is the brother