JAYACHANDRA REDDY, J.

( 1 ) ACCUSED 1 to 3 in Sessions Case No. 17 of 1979 on the file of the Additional Sessions Judge, West Godavari Division at Eluru are the appellants. They are convicted under S. 304 Part II read with S. 34 of the Indian Penal Code and each of them is sentenced to undergo rigorous imprisonment for a period of five years. A-1 is further convicted under S. 323 of the Indian Penal Code for causing hurt with stick to P. W. 1 and is sentenced to undergo rigorous imprisonment for a period of three months. A-2 is also convicted under S. 324 of the Indian Penal Code for causing simple hurt to P. W. 1 and sentenced to undergo rigorous imprisonment for a period of six months. The convicted accused i. e. A-1 to A-3 preferred this present appeal. These three accused along with seven others were tried for offences punishable under Sections 147, 148 and 302 read with Section 149 of the Indian Penal Code apart from for the minor offences for causing hurt to P. W. 1. The learned Additional Sessions Judge however acquitted A-4 to A-10 completely.

( 2 ) INITIALLY the appeal came up before our learned brother Muktadar, J. Sri M. Dwarkanath, the learned counsel for the appellants

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