( 1 ) THE accused in Sessions Case No. 498/1998 on the file of the learned IV Additional sessions Judge, Kurnool, filed the appeal, against the judgment of conviction and sentence, dated 22-1-2001.

( 2 ) THE facts leading to the filing of the appeal are stated in brief as follows. Smt. Harijana Subbamma, who was examined in this case as P. W. 1, lodged a report on 21-10-1998 with Taluk Police, kurnool, alleging that her husband-Danam-and his brother-Benjamin-were residing side by side in Harijanawada of B. Thandrapadu village. Moolinti Bhushanna-A-1-had a house beside the house of P. W. 1. A dispute had been going on between her family and A-1 with regard to the opening of a doorway by a-1 near her house. There was a Panchayat in that connection. The elders advised A-1 and his sons not to open the doorway. However, on 21-10-1998, at 9 a. m. , A-1 and his sons Lakshmanna-A-2, Nagalakshmaiah-A-3 and Madanna-A-4, attempted to open the doorway. Danam objected to A-1 to A-4 doing so. A-1 to A-4 deferred their attempt. On the same day night P. W. 1 and her husband-Danam were returning to their house. When they reached the thrashing floor of Charles at about 8. 00 p. m. ,