The judgment emphasizes the importance of scrutinizing evidence in faction cases and the need for substantial and compelling reasons to overturn acquittals.

( 1 ) ON the morning of 7-3-1957, between 7-30 and 8 a. m. , a serious rioting with deadly weapons took place in the village of Nemilladinne, in the course of which two persons were butchered in cold blood and five others, who went to their rescue, received injuries at the hands of the rioters. The two murdered persons, who were brothers, were Venkatrami Reddi and Ella Reddi, and will be referred to hereinafter as Deceased-1 and Deceased-2 respectively. The injured persons were Rami Reddy (P. W. 1), Ramakka (P. W. 2), Venkatamma (P. W. 3), Subbamma (P. W. 4) and Balanna (P. W. 5 ). P. W. 1 is the father of the deceased. P. W. 2 is the sister of the deceased; P. W. 3 is the wife of P. W. 1s brother; P. W. 4 is the widow of Deceased-1 and P. W. 5 is a partisan of the Deceased. Deceased-1 sustained a gun-shot wound to the forehead besides 10 incised wounds on his body caused by spears and hatches, and death was due to shock and haemorrhage as a result of multiple fractures of skull bones and ribs, and injuries to the vital organs viz, brain, left and right huigs and liver. Deceased-2 sustained a gun shot wound in the thigh and as many as 36 incised wounds all over his body caused by hatchets and spears, and death in bis case was due to shock and haemorrhage as a result of multiple fractures of the skull bones, mandible, left radius and ribs and injuries to vital organs viz. heart, lungs, liver, stomach, and spinal cord. P. Ws. 1 to 5 received comparatively minor injuries caused by spears or hatchets; and P. W. 5 had also a gun-shot injury on the left forearm.

( 2 ) IN connection with this incident 19 persons were arraigned before the learned Sessions Judge. Cuddapah Division, in Sessions Case No. 47 of 1957. Of them Poreddi Venkatasubba Reddi, Accused No. 3, was murdered while the case was pending before the Sessions Court and so the. case against him abated. The remaining 18 accused, viz. Accused 1, 2 and 4 to 19 were tried by the learned Sessions Judge on 15 charges.

( 3 ) THE 1st charge was against all the 18 accused under Section 148 I. P. C. rioting armed with deadly weapons -- A-1 and A-2 with guns; A-4 to A-8 and A-12 to A-15 and 18 and 19 with spears and A-9 to 11, 16 and 17 with hatchets, and the common object of the unlawful assembly was stated as attacking and killing Deceased-1 and Deceased-2 and their partisans.

( 4 ) THE 2nd charge was against all the 18 accused under Section 302 read with Section 34 I. P. C. for having conjointly and in furtherance of their common intention caused the death of Deceased-1.

( 5 ) THE 3rd charge also was against all the 18 accused under Section 302 read with Section 34 I. P. C. for baying conjointly and in furtherance of their common intention caused the death of Deceased-2.

( 6 ) CHARGES 4 to 13 related to the causing of hurt in the course of the same transaction to P. Ws. 1 to 5.

( 7 ) CHARGES 14 and 15 were against A-1 and A-2 under Section 19 (f) of the Indian Arms Act for having been in possession of unlicensed guns.

( 8 ) HE teamed Sessions Judge accepted the plea of alibi set up by the 1st accused and acquitted him of all charges.

( 9 ) ON the 1st charge, the learned Sessions Judge convicted the remaining 17 accused viz. A-2 and 4 to 19 under Section 148 I. P. C. and sentenced each of them to 2 years rigorous imprisonment.

( 10 ) ON the 2nd charge which was for the murder of Deceased-1, all the accused were acquitted.

( 11 ) ON the 3rd charge, which related to the murder of Deceased-2 the learned Judge convicted A-4 to 19 under Section 325 read with Section 34 I. P. C. and sentenced each of them to 3 years rigorous imprisonment. He acquitted A-2 of this charge. It will be noted that there was thus an implied order of acquittal on the charge of murder so far as A-4 to 19 were concerned.

( 12 ) THE 4th aud 5th charges were in respect of the attack on P. W. 1. A-4 and A-9 were convicted on Charge No. 4 under Section 326 read with Section 34 I. P. C. and A-2, 8, 10, 11, 1