( 1 ) THE appellants herein are accused Nos. 1 to 4 in Sessions Case No. 900 of 1998, which has been tried by the Second Additional Sessions Judge, Guntur. Initially, eight accused were tried for the offence punishable under Section 302 read with Section 149 of the Indian Penal Code. On evidence, A-5 to A-8 were acquitted. Hence, the present appeal by Accused Nos. 1 to 4.

( 2 ) THE gravamen of the charge against the accused was that on 4-5-1998 at about 12-00 noon, Accused Nos. 1 to 8 formed themselves into an unlawful assembly with the common object of murdering one Puttia Appa Rao (hereinafter referred to as "the deceased"), a resident of Modukur village of Guntur District. In furtherance of their common object, A-1 hacked the deceased on his head with an axe; A-6 stabbed him with a knife on the right side of abdomen; A-2 hacked him on the left side of his ribs with a vegetable cutter; A-4 hacked him with a knife on his back, and all of them stabbed the deceased indiscriminately, and the deceased died on the spot. Thus, it is alleged that all the accused are liable to be punished for the offence punishable under Section 302 read with Section 149 of the Indian Pena