JUDGMENT

Lokeshwar Singh Panta, J. —

1. Bathula Nagamalleswara Rao, Bathula Laxminarayana, Bathula Seshaiah, Narne Subba Rao and Morakonda Bapa Rao have filed this appeal against the judgment and order dated 10th April, 2006 passed by the Division Bench of the High Court of Judicature, Andhra Pradesh at Hyderabad in Criminal Appeal No. 942 of 2004 confirming their conviction and sentences imposed upon them by the trial court.

2. In all, 12 accused, namely, B. Nagamalleswara Rao (A-1), B. Laxminarayana, (A-2), B. Gopalan, (A-3), B. Subba Rao (A-4), B. Sreenu (A-5), B. Venkateswara Rao (A-6), Jonnalgadda Ramu (A-7), Jonnalagadda Suresh (A-8), B Kotaiah (A-9), B. Seshaiah (A-10), Narne Subba Rao (A-11) and Morakonda Baparao (A-12) were charged and tried by Additional Sessions Judge, Guntur, for offences under Sections 148/449/302/302 r/w 149/302 /302 r/w 149 and 427 of the Indian Penal Code [for short ‘IPC’] for committing murder of two persons namely, Marchavarapu Venkatarao (deceased no.1) and Thalluri Sambasiva Rao (deceased No. 2) in village Uddandarayunipalem.

3. The VII Additional Sessions Judge, Guntur, by judgment dated 31st May, 2004 convicted all the accused (except A-3)