( 1 ) THE appellans herein are the accused 1 and 2 in S. C. No. 622 of 1997. They were tried by the learned II Additional Sessions Judge, Warangal,for an offence punishable under Section 302, r/w 34, IPC. On evidence, the learned Judge convicted them and sentenced each of them to suffer imprisonment for life and also to pay a fine of Rs. 200. 00, in default to suffer simple imprisonment for one month.

( 2 ) AGGRIEVED by the order of conviction and sentence, the accused-appellants have filed the present appeal.

( 3 ) THE gravamen of the charge against the accused was that on 25-8-1996 at about 8. 00 p. m. , they caused the death of the deceased named Bashapaka Soma Mallaiah. The prosecution story can be briefly narrated as follows :the accused, the material prosecution witnesses, and the deceased were residents of Kadavendi village, Devaruppala Mandal, Warangal District. P. W. 1 happened to be the brother of the deceased. P. W. 2 happened to be the cousin brother of the deceased. P. W. 3 is the wife of the deceased. P. W. 4 is the mother of the deceased.

( 4 ) IT is further stated by the prosecution that 10 years prior to the incident, the deceased had illicit intimacy with the wife of A-2. The accused No. 2 raised a dispute before the elders and gave divorce to his first wife and since then A-2 developed grudge against the deceased. On 25-8-1996 at about 6. 00 p. m. , the deceased, his wife and other members of the family were proceeding to Pochamma temple by carrying bonalu in a procession. A-2 put his leg against the leg of the deceased, due to which there was some altercation between A-2 and the deceased. P. Ws. 2 and 5 intevened and subsided the quarrel. At about 8. 00 p. m. , on 25-8-1996, the deceased and P. Ws. 2 and 4 were returning to their house. When they reached the house of one Jolu Somaiah situated at the corner of the lane, A-2 caught hold of the deceased and A-1 beat the deceased with a stick on his head, back, and neck. The deceased fell down. P. Ws. 1 and 2 shifted the deceased and took him to P. W. 6, RMP doctor, who examined the deceased and declared him dead.

( 5 ) ON 26-8-1996 at about 12. 00 noon, P. W. 1 gave written report to the police station at Devaruppala. P. W. 11, who was Assistant Sub-Inspector of Police, received the report Ex. P-1 given by P. W. 1. He, on the strength of the said report, registered the case in Cr. No. 24 of 1996 against the accused under Section 302 r/w 34, IPC. He issued express copies of the FIR to all concerned.

( 6 ) P. W. 11 proceeded to the house of the deceased and conducted inquest over the dead body of the deceased in the presence of P. W.

( 7 ) EX. P-2 is the inquest report. P. W. 11 examined P. Ws. 1 to 5 and recorded their statements. He then went to the scene of offence and seized blood-stained earth and controlled earth in the presence of P. W. 7 and also drew a rough sketch of the scene of offence, which is marked as Ex. P-12. Ex. P-3 is the panchanama of the scene of offence. P. W. 11 handed over the case diary to P. W. 12, who happened to be Circle Inspector of Police, Jangoan. P. W. 13, Civil Assistant Surgeon. Government Hospital, Jangaon, conducted autopsy over the dead body of the deceased and issued post-mortem certificate, which was marked as Ex. P-13. According to him, the cause of death was due to head injury and haemorrhage and shock. 7. On 27-8-1996, P. W. 12 proceeded to the scene of offence and verified the investigation done by P. W. 11 and examined P. W. 6 and two others. Then requisition was sent to IV Additional Judicial First Class Magistrate, Warangal, to record the statement of P. Ws. 1 and 10 under Section 164, Cr. P. C. Unfortunately, these statements were produced in the Court by examining the Magistrate and they were marked as Exs. P-8 and P-9. P. W. 12 arrested the accused on 2-6-1996 and recorded their confessional statements. On the basis of the confession of A-1, MO-3 wooden stick was discovered and seized by poli