Judgment :-

Dr. Arijit Pasayat, J.

1. Challenge in this appeal is to the judgment of a Division Bench of the Andhra Pradesh High Court partly allowing the appeal filed by the State and setting aside the acquittal so far as the present appellant is concerned while upholding the acquittal in respect of rest of the accused persons.

2. A-1 to A-9 were tried for the offences under section 120B, 148, 149, 324, 307 & 302 of Indian Penal Code, 1860 (in short the `IPC) for having caused the death of one Abbai Reddy and injuries to Yedukondalu (P.W.1) and Mohammed Basha (P.W.2). The trial Court acquitted all the accused on 12.7.1999. State preferred appeal before the High Court. The Appeal was allowed in respect of A-1 alone and he was convicted for offence under Section 302 IPC and sentenced to suffer imprisonment for life. The appeal in respect of A2 to A-9 was dismissed. Challenging the same, Criminal Appeal has been preferred by A-1.

3. Prosecution version in nutshell is as follows:

On 4.11.1993 at about 7.00 P.M. Abbai Reddy (hereinafter referred to as the `deceased) and Yedukondalu (P.W.1) came in the car driven by P.W.2 Basha. While coming to the turning near to the house of the deceased, the accused persons Al to A8 stopped the car and broke the front glass of the car. Then they broke open the doors of the car. All the accused persons attacked the deceased Abbai Reddy with knives. Some accused attacked P.W.1 also, P.W.1 and PW-2 managed to escape after receiving injuries. P.W.3 to 6 are the close relative of the deceased. Abbai Reddy on hearing the cries came out of the house and saw these accused running away from the scene after attacking the deceased.

P.W.1 made a telephonic call to P.W.22 S.I. of Police and informed about the incident. P.W.22 after giving information to higher official came to the scene of offence along with P.W. 15 the professional photographer. He took photograph of the victim deceased, car and the scene of offence. Then the deceased and P.W.1 were taken to the hospital. There the Doctor (not examined) declared Abbai Reddy dead. PW-1 was examined by PW-16 Doctor on 4.11.1993 at 9.00 p.m. The PW-16 doctor issued Ex.P53 wound certificate. Thereafter, PW-22, S.I. Police obtained the statement Ex.P1 from PW-1 at 9.30 p.m. and registered the case at about 10.00 p.m. under Section 302 IPC and other offences. PW-23 the Inspector of Police took up the investigation and conducted the inquest on 5.11.1993. PW-17 conducted autopsy and issued post mortem certificate Ex.P54.

P.W.23 Inspector of Police continued the investigation and arrested the accused. During the course of investigation Identification parade was conducted by P.W19 Magistrate, P.W.1 identified A1, A2 and A4. P.W.2 identified A4 alone. After completing the investigation P.W.23 filed the charge sheet.

P.W. 1 to 23 were examined on behalf of the prosecution. Ex.P-1 to P-94 marked.

D.W.1 was examined on behalf of accused. Ex.D-1 to D4 were marked.

Al is the son of A9, A2 is the clerk under A-9, A3 to A5 are close friends of Al, A6 to A8 are friends of A2, A9 is A ls father. There was a Quarry Business rivalry between A9 on the one hand and deceased Abbai Reddy on the other hand. The land belonging to one Haribabu was put to sale. Both A9 as well as deceased were trying to purchase the same, and ultimately deceased Abbai Reddy purchased the land at higher price. Due to this there used to be frequent quarrels between A9 and deceased. P.W.1 Yedukondalu is business partner of deceased. P.W.2 Basha is the driver. P.W.3 is the elder brother, P.W.4 is the friend, P.W.5 is the brother-in-law and P.W.6 is the wife of the deceased Abbai Reddy.

The trial Court disbelieved the case of the prosecution and acquitted all the accused. However, the High Court in the appeal filed by the State set aside the order of acquittal in respect of Al and convicted him for offence under Section 302 IPC and confirmed the acquittal in respect of other accused.

4. It is releva