JUDGMENT

T.S. Thakur, J.-Leave granted.

2. This is yet another case in which degenerate village politics has turned violent to claim a valuable human life. The prosecution story is that out of two factions in village Nagulavellatur one was led by Para Braimaiah (A-3) while the other was championed by Bodduluru Rathanam. In the election for the post of Sarpanch of Nagulavellatur village, Smt. Mahalakshmamma mother of Bodduluru Rathanam contested against Smt. Karnam Lalithamma who was supported by the accused persons. Smt. Karnam Lalithamma won the said election in the process embittering the relationship between the two groups. It is also the case of the prosecution that complaints and counter-complaints by the members of the two factions were being made against each other before the police and other authorities in relation to different issues to wreak revenge against each other. The strained relationship and enmity between the two factions led to an incident in which the deceased is alleged to have made an attempt on the life of one Para Yandaiah, son of accused No.3 on 6th April, 1996; resulting in the registration of FIR No.17/96 against the former. As an act of reappraisal accused Nos. 1 to 6, 8 to 10 and 18 are alleged to have attacked one Bathala Hajarathaiah and one Thalluru Chinnaiah on 30th May, 1996 resulting in the registration of Crime No.28/1996 against them. On the same date at about 12.00 noon all the accused persons are alleged to have formed themselves into an unlawful assembly armed with deadly weapons like cart pegs and rods with the common object of killing the deceased left Nagulavellatur village in a tractor and trailor belonging to A-1 for Yerraballi village which is situate at some distance on the north eastern side of Nagulavellatur. The prosecution case is that the accused found the deceased coming along the garden of one Pendem Venugopal, got down from the tractor and attacked him. The deceased is alleged to have run for his life towards the West but the accused persons overpowered him and caused multiple injuries including fractures on his forearm and legs. The incident is alleged to have been seen by PWs 1 and 4 who informed PWs. 5 and 6 about the same. PW6 rushed to the scene of occurrence where he found the deceased lying in an injured condition. On inquiry the deceased told him about the incident and the fact that the accused had attacked and injured him using cart pegs and rods. The deceased was shifted to Chejarla Police Station in a tractor where his statement was recorded by Sub- Inspector of Police. The police then shifted the injured to the hospital at Nellore and registered Crime No.27 of 1996 for offences under Sections 147, 148, 324, 307, 341 read with Section 149 IPC. In the course of investigation the police claimed to have seized nine cart pegs and one ‘Bitchuva’ on the disclosure made by the accused. The deceased eventually died on 7th June, 1996 that resulted in the addition of Sections 148 and 302 read with Section 149 IPC to the case already registered. The Court of Judicial First Class Magistrate, committed the case to the Court of Additional Sessions Judge, Fast Track Court at Nellore where the accused pleaded not guilty and claimed a trial.

3. In support of its case the prosecution examined as many as 23 witnesses while the accused led no evidence in defence. The Trial Court eventually came to the conclusion that the prosecution had failed to prove the charge of murder against the accused persons and accordingly acquitted all the accused persons of the said charges. The Court, however, convicted A-1, A-2 and A-4 for offences punishable under Section 326 IPC and sentenced them to undergo RI for a period of three years and a fine of Rs.500/- each, in default to further undergo SI for a period of three months each.

4. Aggrieved by the judgment and order passed by the Trial Court the appellants filed Criminal Appeal No.2241 of 2004 while the State of Andhra Pradesh filed Crimin