Judgment

Dr. Arijit Pasayat, J. —

1.Heard learned counsel for the parties.

2.These two appeals, one by the complainant Dumpala Chandra Reddy and other by the State of A.P. question the correctness of Judgment of a Division Bench of the Andhra Pradesh High Court, which, while holding that the respondents were responsible for causing the death of one Gangireddigari Kondareddy (hereinafter referred to as the ‘deceased’) convicted them in terms of Section 326 of the Indian Penal Code, 1860 (in short ‘the IPC’) instead of Section 302 IPC as was done by the Trial Court.

3.The respondents, along with one Nimmakayala Lakshmi Reddy (A-8) s/o Obul Reddy faced trial for alleged commission of offences punishable under Sections 148, 302 IPC and in respect of the deceased A-8, Section 114 IPC. The Trial Court found the accused persons guilty of offences punishable under Section 148 IPC and also under Section 302 IPC. For the former offence, they were directed to undergo sentence of two years while for the latter offence, life imprisonment was imposed.

4.Substance of the accusations, which led to the trial, is as follows.

All the accused are residents of Gopalapuram village. The deceased was a resident