This appeal under Section 374 of the Code of Criminal Procedure is preferred by A-1, A-2, A-4 to A-6 against the judgment dt. 18-9- 2006 passed in SC ST SC No.32/2005 on the file of Special Judge for SC & ST (POA) Act-cum-VI Additional District & Sessions Judge, Kurnool.

The appellants/A-1, A-2, A4 to A-6 along with A-3 who were tried for the offences punishable under Section 302 IPC, alternatively, under Sec. 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short "the Act") and 148 IPC. The learned trial court convicted the appellants for the offence under Section 3 (2) (v) of the Act and Sec.148 IPC and sentenced them to suffer rigorous imprisonment for life and to pay fine of Rs.1000/- each in default to suffer simple imprisonment for a period of six months each and further convicted them for the offence under Sc. 148 IPC and sentenced them to suffer rigorous imprisonment for a period of one year and to pay a fine of Rs.500/- each in default to suffer simple imprisonment for a period of three months each by the impugned judgment.

The substance of the charge against the accused is that on 6-3-2004 near the field of Balija Veerappa in between Obulapuram and Thadakanapalli villages, they committed murder of Rogenna, who belonged to a member of Scheduled Caste, (hereinafter referred to as "the deceased") intentionally by beating and stabbing him with pattudu sticks and knife.

The case of the prosecution in brief is that, A-1 committed rape on one Rani, who is the daughter of the junior paternal uncle of the deceased Rogenna, for which the deceased was eye witness. A case in crime in Cr.No.19/2002 under Section 376 IPC was registered against A-1. After committal, the case ie., SC No.1/2003 was coming up for trial on 4-3-2004. A-1 and his relatives mooted a compromise with the deceased, for which, the deceased put a condition that A-1 should marry the victim girl Rani by taking Rs.25,000/- as dowry. A-1 and his relatives did not accept the proposal of the deceased on the ground that Rani belonged to Scheduled Caste. Due to that they gave threat to the deceased. As there was no compromise in SC No.1/2003, the case was adjourned to 8-3-2004. While so on 6-3-2004, the deceased and his brother Harijana Sagidipogu Yesanna @ Sanjanna (P.W.1) went to their field at about 5 PM to watch the ground nut crop. The land of Harijana Sagidipogu Ramudu (P.W.2), who is the son of the junior paternal uncle of the deceased, is also situated by the side of the land of P.W.1. After sitting for some time at their field, the deceased P.Ws.1 and 2 were proceeding to the village on their moped, which was driven by the deceased. At about 7 PM when they reached near the land of Balija Veeramma, A-1 to A-6 formed themselves into an unlawful assembly armed with sticks and knives stopped the moped. Immediately after stopping the vehicle, P.Ws.1 and 2 got down from the vehicle. A-1 and A-2 beat the deceased with sticks on the back of the head and caused him injuries. Then A-3 to A-6 attacked the deceased and beat him and stabbed him with sticks and daggers. All the accused threw the dead body of the deceased into a pit by the side of the road. After damaging the moped they threw it in the land of Veeramma and went away from that place. P.Ws.1 and 2 went near the deceased and found him dead. Due to fear, P.Ws.1 and 2 went back to their field where the father of deceased-P.W.3 was staying and informed him of the incident. On his advise, out of fear, they remained at the field till the next day morning. On the next day morning, P.Ws.1 to 3 came to the scene of offence and found the dead body. P.Ws.1 and 2 while keeping P.W.3 to watch the dead body went into the village and informed the incident to the wife of the deceased and her relatives. Thereupon, P.W.1 went to the police station and gave Ex.P-1 written complaint before the Assistant Sub-Inspector of Police-P.W.11