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