JUDGMENT

Dr. Arijit Pasayat, J.—

1. These two appeals are directed against the common judgment of the Andhra Pradesh High Court. Seven accused persons had filed the appeal before the High Court questioning their conviction for offences punishable under Sections 302 read with Sections 149, 148 of the Indian Penal Code, 1860 (in short the ‘IPC’). Additionally, A1 appellant in present Criminal Appeal no.373 of 2008 was convicted for offence punishable under Section 341 IPC. Charge was made against all the accused persons that on 9.10.2002 at about 11.30 a.m. all of them formed an unlawful assembly near the fish tanks of Chevuru village and beat Adusumalli Ranga Rao (hereinafter referred to as the ‘deceased’) with casuarian sticks and caused his death.

2. The version of the prosecution as put forth is to the effect that all the material witnesses as well as the accused are residents of Chevuru village of Mudinepalli Mandal, Krishna District and there have been ill feelings between the accused and the prosecution witnesses. Accused Nos.1 and 2 are brothers, 4 and 5 are the sons of A.1 and A.2. A.3 is the cousin and A.6 and A.7 are brothers-in aw of A.1. PWs 1 to 6 belong to one group, a