( 1 ) THE appellants herein are accused Nos. 1 and 2 in Sessions Case No. 17 of 1993 on the file of the II Additional Sessions Judge, Kurnool. In respect of an incident that happened on 17-3-1992 at about 3. 20 p. m. in Sreeramnagar, Kurnool resulting in the death of one Srinivasa Reddy and injuries to PW-1, Nagalakshmi and one Venkataswamy Reddy, the two appellants herein, along with there others (A-3 to A-5) were tried by the learned Sessions Judge.

( 2 ) CHARGE No. 1 was against all the five accused under section 148, IPC. Charge No. 2 was under section 302, IPC against A-1 and A-2. Charge No. 3 was under section 302 read with Section 149 IPC against A-3 to A-5. Charge No. 4 was under section 324, IPC against A-2 for causing injuries to PW-1. The fifth charge was under Section 324, IPC against A-1 for causing injury to Venkataswamy Reddy who died due to natural causes before the case came up for trial. The sixth Charge was under section 323, IPC against A-3 to A-5 for beating and fisting Venkataswamy Reddy. The learned Sessions Judge acquitted A-3 to A-5 since their identity was not established and none of the direct witnesses spoke about their presence. However, believing the evidence of the injured witnesses PW-1 and 2, widow of the deceased Srinivasa Reddy and the medical evidence, the learned judge convicted the appellants herein in respect of Charges Nos. (1), (2), (4), and (5 ). The sentence awarded under charge No. (1) was one year imprisonment to each of the two appellants. Both were sentenced to life imprisonment under Charge No. (2) for the offence under section 302 IPC. In respect of charge No. (4) under Section 324 IPC. , A-2 was sentenced to imprisonment for one year. Under charge No. (5), A-1 was sentenced to one year imprisonment. All the sentences were directed to run concurrently.

( 3 ) THE story of the prosecution, as placed before the trial Court is as follows : A-1 is the father of A-2, PW-2 is the wife of the deceased; Srinivasa Reddy. PW-1 is the first cousin of the deceased. One Venkataswamy Reddy is the maternal uncle of the deceased. All of them are residents of Kurnool. On 23-1-1992 at about 9. 00 a. m. , PW-4, a forester in the forest department, Kurnool, inspected the house of A-1 and seized teak wood worth about Rs. 2,000. 00 in respect of which a case was registered in crime No. 189 of 1992. Suspecting that the deceased was responsible for giving the information to the forest officials, A-1 and A-2 went to his house on 17-3-1992 at about 3. 20 p. m. and questioned him as to why he gave information about the storing of teak wood in his house. The deceased denied the allegation that he was responsible for informing the officials. A few minutes thereafter the deceased accompanied by PW-1 and Venkataswamy Reddy went to the house of A-1 and A-2 which is at a distance of 30 yards from his house. The deceased once again reiterated that he did not give information to the forest officials and a quarrel ensued. The accused brought pattudu sticks (hand sticks) and both of them inflicted one blow each on the head of the deceased as a result of which the deceased fell down unconscious. When PW-1 and Venkataswamy Reddy intervened, A-2 beat PW-1 with the stick on the fore-head as a result of which PW-1 sustained bleeding injuries. A-1 hit Venkataswamy Reddy with the stick on the head as a result of which Venkataswamy Reddy fell down. Three other strangers also were with A-1 and A-2 and they fisted Venkataswamy Reddy on the face. Seeing this, Sulochanamma, PW-2 wife of the deceased, came weeping and the accused ran away. Laxmamma, mother of the deceased, also came there. The deceased, PW-1 and Venkataswamy Reddy were taken to the Government General Hospital in auto-rikshaw, where PW-5, Dr. Sreeramulu, examined the deceased at about 4. 30 p. m. and found the following two injuries : 1) Lacerated injury over the head in the middle 5 x 0. 5 x bone deep, red in colour, bleeding present. 2) Contusion