JUDGMENT

Dr. B.S. Chauhan, J. —

1. This appeal has been preferred against the judgment and order of the High Court of Andhra Pradesh at Hyderabad, dated 9.3.2004, by which it has dismissed Criminal Appeal No. 289 of 2002, affirming the judgment and order dated 12.2.2002 passed by the Sessions Court, Kurnool in Sessions Case No. 830/1999, convicting the appellants under Sections 302 and 148 of the Indian Penal Code, 1860 (hereinafter called as “IPC”) and sentencing them to undergo life imprisonment and one year R.I. respectively.

2. Facts and circumstances giving rise to this appeal are that accused (A1 to A7) and Harijana Ayyanna (hereinafter called as “deceased”) were residents of village G. Singavaram. On 8.2.1999 at about 7.30 PM, the deceased along with his wife Harijana Ayyamma (PW.2) and son, Harijana Ramakrishna (PW.1) went to the clinic of Dr. Ramana for treatment of Harijana Ayyamma (PW.2) and while they were coming back and reached near the house of Anjaneya Goud at about 8.00 p.m., accused (A1 to A7) suddenly appeared on the spot. A1, A3, A5, A6 and A7 were armed with daggers and A2 was armed with a stick. They surrounded the deceased and his son Harijana Ramakrishna (PW.1). A1 abused the deceased and stabbed on his back with a dagger causing injuries and then A2 to A7 carried the deceased towards the mosque and threw him on the road near it. A1, A3, A5, A6 and A7 stabbed the deceased on his chest, stomach and back with daggers. A2 beat the deceased with a stick and A4 caused injury on his head with a stone. Harijana Ramakrishna (PW.1) and Harijana Ayyamma (PW.2) made hue and cry as a result of which Harijana Sekhar (PW.3), P. Muniswamy (PW.4) and A. Samuel (PW.5) reached the place of occurrence and all the accused fled away from there. PWs. 1 to 5 took the deceased in a vehicle to the Government Hospital, Kurnool, however, he succumbed to the injuries at about 9.30 p.m. Harijana Ramakrishna (PW.1), son of the deceased filed the F.I.R. (Ext. P-1) in Kurnool Taluk Police station and Crime No.16 of 1999 was registered. T.Naganna (PW.9), the Investigating Officer drew up the panchanama of the scene of offence and held an inquest on the dead body at the hospital in presence of witnesses Molakapogu Daveedu (PW.6) and Molakapogu Harijana Pakkiranna (PW.7) and the dead body was sent for post mortem. In the post mortem report, Dr. L.C. Obulesu (PW.10) found 13 ante-mortem injuries on the body of the deceased. After completing the investigation, T. Naganna (PW.9) filed the charge sheet against the accused persons and they were put to trial.

3. The learned Sessions Judge, Kurnool, after conclusion of the trial, found A1, A3, A5, A6 and A7 guilty of offences punishable under Sections 148 and 302 IPC. They were sentenced to life imprisonment and a fine of Rs.1,000/- each for an offence punishable under Section 302 IPC and one year RI and fine of Rs.500/- each for an offence punishable under Section 148 IPC. However, both the sentences were directed to run concurrently. The Court acquitted A2 and A4 of all the charges.

4. Being aggrieved, the appellants preferred Criminal Appeal No.289 of 2002 before the High Court, which has been dismissed vide impugned judgment and order dated 9.3.2004. Hence, this appeal.

5. Shri R. Sundaravaradan, learned senior counsel appearing for the appellants, has submitted that in view of the evidence of alleged eye-witnesses, namely, Harijana Ramakrishna (PW.1) and Harijana Ayyamma (PW.2), two accused namely, Chakali Krishna (A2) and Chakali Sreenivasulu (A4) had been acquitted by the Trial Court. Harijana Sekhar (PW.3) and Muniswamy (PW.4) and A. Samuel (PW.5) had been disbelieved by the Trial Court. Molakapogu Daveedu (PW.6) and Molakapogu Harijana Pakkiranna (PW.7) turned hostile and did not support the prosecution. In fact, A2 and A4 had caused fatal injury No.1 on the head. In such a fact-situation there was no occasion for the courts below to convict the appellants. More so, it is nobody’s case