IMPORTANT POINT
Evidence should be appreciated in the light of clearly laid down norms and guidelines.

Judgment

Dr. B.S. CHAUHAN, J.

1. Both these appeals have been preferred against the impugned judgment and order of the High Court of Andhra Pradesh at Hyderabad dated 13.2.2007 passed in Criminal Appeal No. 41 of 2005, reversing the judgment and order dated 22.12.2004 passed by the Additional Sessions Judge, Kadapa at Proddatur in Sessions Case No. 374 of 2000, by which and whereunder the respondents were found guilty and convicted under Section 148 of Indian Penal Code, 1860 (hereinafter referred as 'the IPC') and awarded a sentence of 2 years each.

A1 and A2 had been convicted for the offence punishable under Section 302 IPC and they were awarded life imprisonment with a fine of Rs.500/- and in default, to undergo further simple imprisonment for one month. They were also convicted under the provisions of Section 3 of the Explosive Substances Act, 1908 (hereinafter referred to as the 'Act 1908') and had been awarded the sentence of 3 years with a fine of Rs.500/- and Rs.200/- respectively and, in default, to further undergo simple imprisonment for one month and 15 days respectively. They had further been convicted under Section 5 of the Act 1908, and were awarded the punishment of three years with a fine of Rs.500/- each, in default to suffer simple imprisonment for one month.

A3 to A6 had been convicted and sentenced to undergo life imprisonment and to pay a fine of Rs.500/- each under Section 302 read with Section 149 IPC and, in default of payment of fine, to undergo a further period of simple imprisonment of one month each. However, A3 was acquitted for the offence under Section 6 of the Act 1908. A4 and A5 were further convicted under Sections 3 and 5 of the Act 1908 and awarded the punishment of 3 years on each count with a fine of Rs.500/- and, in default, to undergo a further period of imprisonment for one month. However, all the sentences were directed to run concurrently.

2. Facts and circumstances giving rise to these appeals are that:

A. On 4.12.1999, Y. Eswara Reddy (PW.1), Y. Gangadhar Reddy (PW.2) and Y. Gangabhavani (PW.3) were working in their agricultural fields alongwith Y. Ramachandra Reddy (deceased) and his brother Balagangi Reddy and others.

B. Y. Ramachandra Reddy (deceased) and his brother Balagangi Reddy supported the Congress-I party in the elections held for the State Assembly, while the accused persons supported the Telugu Desham Party (TDP). There were ill feelings between two groups as there existed chronic factionalism between the families of the deceased and accused. In State Assembly elections, the political parties created pressure on their supporters to get maximum votes, by any means. The accused persons were waiting for the opportunity to kill Balagangi Reddy and Y. Ramachandra Reddy (deceased).

C. On 4.12.1999, when PW.1 to PW.3 and some others were doing agricultural work in their fields alongwith Y. Ramachandra Reddy (deceased) in the morning, they heard weeping cries from the agricultural field nearby. All of them rushed to that place and found that Rayapati Narayana Reddy had died due to electrocution. After sometime, they returned to their fields and attended to their work. At 7.30 A.M., the accused Rayapati Venkata Reddy (A1), Rayapati Ramanjul Reddy (A2), Rayapati Bheema Reddy (A3), Korrapati Rami Reddy (A4), Korrapati Thimma Reddy (A5), Kadiyam Rami Reddy (A6), Rayapati Thirupathi Reddy (A7), Rayapati Pedda Venkata Reddy (A8), Kadiyam Rama Subba Reddy (A9), Rayapati Pedda Venkata Reddy (A10), Rayapati Chinna Bali Reddy (A11), Rayapati Venkata Reddy (A12) and Chinnapureddy Bala Chenna Reddy (A13) came to the fields where PW.1 to PW.3, namely, Y. Eswara Reddy (PW.1), Y. Gangadhar Reddy (PW.2) and Y. Gangabhavani Reddy (PW.3) were working armed with deadly weapons like sticks, knives, bombs and sickles whistling war cries and hurling bombs with the intent to kill Ramachandra Reddy and Balagangi Reddy. Balagangi Reddy fled his fields due to fear and was chased by A7 to A13. PW.1 hid himself