JUDGMENT

A.K. Patnaik, J. —

This is a Criminal Appeal against the judgment dated July 4, 2008 of the High Court of Andhra Pradesh in Criminal Appeal No. 147 of 2006.

2.The facts very briefly are that on February 28, 2005 one Komidi Sai Baba Reddy (deceased) was killed in the court premises of R.R. District at Cyberabad. The father of the deceased lodged a First Information Report (FIR) before the Station House Officer, P.S. L.B. Nagar alleging that on February 28, 2005 at 11.00 a.m. when the deceased was coming to the court, Narsimha Reddy’s son, Srinivas Reddy and others sprinkled chilly powder in the eyes of the deceased and cut him by an axe and all this was done due to old vengeance. After investigation, a charge sheet was filed against 15 accused persons including the appellant in the court of the Second Metropolitan Magistrate, R.R. District, Cyberabad. As accused nos. 11 to 15 were absconding, the case was split up and accused nos. 1 to 10 were tried for several charges in Sessions Case No.195 of 2005. After the trial the 5th Additional Sessions Judge (FTC) acquitted accused nos. 2 to 10 of the charges and convicted the appellant, who was the accused no.1, under Section 302 of