( 1 ) ACCUSED 1 and 3 in S. C. No. 84/81 on file of the Additional sessions Judge, Krishna Dist. , are the appellants. They and another accused (A-2) were charged for an offence punishable under Section 302 read with Section 34 I. P. C. for causing the death of one Parise Dharmaraju on march 25, 1981 at about 10 A. M. in front of the tailoring shop of P. W. 8 in Santha Bazaar of Challapalli town, Krishna District. The Sessions court acquitted A-2 and convicted the appellants for an offence under Section 302 read with Section 34 I. P. C. and sentenced each of them to undergo imprisonment for life.

( 2 ) THE case of the prosecution, shorn of the redundant details unfolded at the trial, is as follows -The deceased and the accused are the residents of Devarakota village which is situated at a distance of 3 to 4 miles from Challapalli town. The accused belong to the Communist marxist Party and the deceased and P. Ws. 1 and 2 belong to the Congressparty. There were political factions in the village. The impetus to faction has erupted with the selection of the house sites for the Harijans and the other weaker sections. The deceased and others on one hand and the accused party, though suggested diverse lands as suitable, the Revenue divisional Officer on enquiry, ultimately selected the lands suggested by the deceased. Several cases were filed on either side. As on the date, all the cases had been compromised between the parties. But on March 25, 1981 at about 8. 30 A. M. the deceased, P. W. 2 and others attacked one chalamaiah in the village. A complaint in that regard was laid under section 307 I. P. C. against them at the police station, Challapalli. P. W. 16, the Sub-Inspector, registered a case in Crime No. 34/81 at about 9. 30 A. M. He deputed the police constables P. Ws. 5 and 7 to go to the village and to guard over the scene of offence.

( 3 ) IN the meanwhile the deceased came to Challapalli to purchase fertilizers. Similarly P. W. 2 also came to purchase fertilizers, P. W. 8 set up a sewing machine on the pial of one Vana Rangarao. On seeing the deceased at the shop of P. W. 8, P. W. 1 enquired the deceased of his purpose to come and his informing of his intention, to purchase fertilizers. While they were talking, they saw P. W. 2 coming there. When asked for he also told them that he came there to purchase manures. While they were talking, the accused came with tappers knives. A-1 stabbed the deceased on the left shoulder. A-2 stabbed him on the right hand and the left flank. A-3 struck him on the right leg. P. Ws. 1 and 2 receded to a distance of ten yards and saw the accused continuing their attack on the deceased indiscriminately. Thereafter P. Ws. 1 and 2 ran away from the scene and went to the house of a relation of P. W. 1 and asked P. W. 2 to go to the village and inform the relations of the deceased. After one hour p. W. 1 came to the scene. By then he saw the Sub-Inspector (P. W. 16) and police constables.

( 4 ) P. WS. 5 and 7, the constables, while they were proceeding to the village Devarakota they had seen the deceased being cut on the pial of vena Rangarao. Seeing them, the accused ran away. They chased the accused. P. W. 5 caught hold of A-3 and P. W. 7 caught hold of A-1, and a-2 escaped. Then they brought Accused 1 and 3, in the rickshaw of p. W. 9 to the police station.

( 5 ) THE Sub-Inspector of Police, P. W. 16, after the assignment of duties to P. W. 5 and 7, was proceeding to Devarakota and on the way he saw the deceased struggling for life with bleeding injuries on the pial of vana Rangarao. When questioned, the deceased stated that the accused cut him. He recorded the report of the deceased Ex. P-16. After recording the statement, the deceased was taken to the police station. The Subinspeder registered Crime No. 35/81 and issued F. I. R. , Ex. P-17 and was again examining the injured. At that time, P. Ws. 5 and 7 brought A-1 and a-3 (o the police station. The Sub-Inspector asked them