Judgment :-

V.S. Sirpurkar, J.

This appeal is directed against the judgment of the High Court whereby the High Court upset the judgment of the Trial Court, acquitting all the accused persons. The High Court, in the impugned judgment, has maintained the verdict of acquittal in case of others while the verdict in case of Boddella Babul Reddy (appellant herein), who was the original accused No. 1 (A-1) was upset and he was convicted of the offence punishable under Section 302 of the Indian Penal Code (hereinafter referred to as IPC for short).

2. As many as 16 accused person came to be tried for the various offences by the Trial Court including offences punishable under Sections 147, 148, 324, 326, 307 and 302; IPC read with Section 149, IPC; Sections 3 and 5 of the Explosive Substances Act and Section 25(1)(b) and 27 of the Indian Arms Act.

3. As per the prosecution case, all the accused persons and the witnesses were the residents of village Sankarpuram of Proddatur Mandal in Kadappa District. As usual, there were two factions in the village, one belonging to the Congress Party and the other belonging to the Telugu Desam Party. All the original accused persons, including the appellant herein, belonged to the Telugu Desam Party. These factions in the village resulted in bitter enmity in between the two groups. While Boddella Babul Reddy (appellant/A-1) was the leader of the party faction belonging to Telugu Desam Party, one Chandra Sekhar Reddy (PW-7) was the leader of the faction belonging to the Congress Party. In 1997, elections took place in the Association called Water Users Association. As a usual sequel of the elections, there were faction clashes and one of such clashes took place on 13.12.1998 between these two groups on account of passage which was used by both the groups. The cases were filed which later on ended in acquittal. On 15.12.1998, the party belonging to the Congress workers went to the field of one Ramireddy Ramasubba Reddy for shifting the heap belonging to that group. However, Boddella Babul Reddy (appellant/A-1) is said to have caused obstruction for transportation of the paddy crop. This fact was informed to one T.N. Satyanarayana Reddy (PW-9), a Bondobast Constable posted in the village and he promised that he would admonish the accused.

4. On the day of incident i.e. 16.12.1998, at about 6.30 a.m., K. Sudhakar Reddy (PW2), G. Raghurami Reddy (PW-3), R. Venkata Subba Reddy (PW-4) and K. Gopal Yadav (PW-5) along with one Pilli Pedda Yesanna (the deceased) and one Gopireddy Venkatarami Reddy (List Witness No. 6) went to the said field of Ramireddy Ramasubba Reddy to transport the hay along with a tractor which was brought for the purpose of transportation. At that time, Boddella Babul Reddy (appellant/A-1), Bodella Malikarjuna Reddy, original accused No. 2 (A-2), Yedula Nagamuni Reddy, original accused No. 3 (A-3), Mopuru Ramanjaneyula Reddy, original accused No.4 (A-4) and Yeddula Maruthi Prasad Reddy, original accused No. 5 (A-5) armed with bomb and Yeddula Ramachandra Reddy, original accused No. 6 (A-6) armed with gun and Yeddula Manohar Reddy, original accused No. 7 (A-7), Yeddula Sankar Reddy, original accused No. 8 (A-8), Mopuru Naga Subba Reddy, original accused No. 9 (A-9), Mopuru Subba Reddy, original accused No. 10 (A-10), Mopuru Jayarami Reddy, original accused No. 11 (A-11), Yeddula Rajeswara Reddy, original accused No. 12 (A-12), Boddella Madhusudhana Reddy @ Madhukesava Linga Reddy, original accused No. 13 (A-13), Yeddula Prabhakar Reddy, original accused No. 14 (A-14), Yeddula Konda Reddy, original accused No. 15 (A-15), Boddela Naga Ramesh Reddy, original accused No. 16 (A-16), all armed with dangerous weapons like Eetakodavallu and spears came and attacked these persons. There, A-1, the present appellant is said to have hurled bomb on the chest of Pilli Pedda Yesanna (deceased), resulting in his instantaneous death.

5. According to the prosection, Bodella Malikarjuna Reddy (A-2), Yedula N