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 de