P. CHANDRA REDDY, J.

( 1 ) THE appeal is brought by defendants and 3 in O. S. No. 43 of 1949 against the Decree and Judgment of the Subordinate Judge. Narasaraopet. In order to appreciate the points arising for determiantion in this case, it is necessary to trace briefly the background of this litigation. One Ramamma, the wife of defendant 1 died in October 1948. In connection with her death, a complaint was fikled by defendant with her death, a complaint was filed by defendant 1 and the same is marked as "ex B. 2" in this case. It was stated therein that Ramamma died as a result of homocidal violence, that two persons by name Badduri Chandra Reddi and Badduri Ramana Reddi (Appellants in this case) informed him that five persons (the present plaintiffs) were seen coming out of the backyard of the house of defendant 1 at about the time of the death of Ramamma. On receipt of this complaint, the Police investiated into the case, filed a charge sheet against these five person under s. 302 of the Penal Code and they were committed to Sessions at Guntur to take their trial for the offences with which they were charged. The case for the accused in that case (the plaintiffs herein) was that

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