( 1 ) THIS Criminal Appeal is preferred by a-1 and A-2 who were convicted under section 304 Part-l of the Indian Penal Code (for brevity ipc ) and sentenced to undergo rigorous imprisonment for six years and also to pay a fine of Rs. 500/-, in default to suffer simple imprisonment for one month.

( 2 ) THE learned Sessions Judge, Nellore division, Nellore, in Sessions Case No. 62 of 1994, dated 27-11-1998, recorded the evidence of P. Ws. 1 to 18 and D. Ws. 1 to 5 and marked Exs. P-1 to P-23 and Ex. D-1 and m. Os. 1 to 7 and recorded acquittal of A-3 to a-6 for want of evidence. But, however, found guilty A-1 and A-2 under Section 304 Part-1 ipc.

( 3 ) SRI Sreenivasa Reddy, learned counsel representing the appellants had pointed out to the defence evidence available on record and would contend that the scene of offence itself is doubtful. The learned counsel also would further submit that the evidence available on record is not trustworthy and the learned Judge having disbelieved the version of the prosecution in relation to the other accused should have given benefit of doubt to A-1 and A-2 also. The learned counsel also had pointed out to the evidence of p. W. 15