JUDGMENT

Dr. Arijit Pasayat, J. —

1. Leave granted.

2. Challenge in this appeal is to the judgment of a Division Bench of the Andhra Pradesh High Court at Hyderabad dismissing the appeal filed by the appellants and two others. The trial Court by its judgment dated 9.9.2004 acquitted A1 to A5 for the offence punishable under Section 148 of the Indian Penal Code, 1860 (in short the ‘IPC’). However A-1 to A-3 were found guilty for the offence under Section 302 IPC and they were sentenced to suffer imprisonment for life and fine of Rs.1000 with default stipulation, while A-4 and A-5 were not found guilty on the second charge. A-2 to A-5 were also found not guilty for the offence under Section 324 IPC. A4 and A5 were acquitted of all the charges.

3. The present appeal is restricted to Shaik Ibraheem (A-3), as stated by learned counsel for the appellants.

4. Prosecution version in a nutshell is as follows :

B. Nagabhusan (hereinafter referred to as the ‘deceased’) was a kerosene dealer. Al was having illicit intimacy with one Krupa and often used to come to the colony and make enquiries about her. On 14.1.2000 while P.Ws. 1, 3 to 6 and the deceased were performing Annadanam at Anjaneya S