Criminal Appeal No. 996 of 2006 has been filed by A-1, A-6, A-9 and A-1 0, and Criminal Appeal No. 1026 of 2006 has been filed by A-2 to A-5 and A-7, in Sessions Case No. 337 of 2005 on the file of the Session Judge, Guntur, challenging the judgment dated 16-62006, where under and whereby the learned Sessions Judge found the appellants-

(i) Guilty of the offence punishable under Section 148 IPC accordingly convicted and sentenced to undergo rigorous imprisonment for two years;

(ii) Guilty of the offence punishable under Section 3021PC r/w 1491PC accordingly convicted and sentenced to undergo imprisonment for life;

(iii) Guilty of the offence punishable under Section 307 r/w 149 IPC accordingly convicted and sentenced to undergo imprisonment for five years;

(iv) Guilty of the offence punishable under Section 3 of the Explosive Substances Act, 1908, accordingly convicted and sentenced to undergo rigorous imprisonment for three years;

(v) Guilty of the offence punishable under Section 5 of the Explosive Substances Act, 1908, accordingly convicted and sentenced to undergo rigorous imprisonment for one year. All the sentences were ordered to run concurrently.

2. The case of the prosecution, in brief, may be stated as follows:

Vellanur village of Guntur district is within the limits of Pedanandipadu police station. It is a faction village. One group is constituted by 'Suda' families, while the other group by 'Somaroutha' families. Sessions Case No.

522 of 2004 on the file of the VIII Additional Sessions Court (Fast Track Court), Guntur is pending for the murder of Tirupathiah and Siva Kumar. P.Ws. 1 t06herein, Suda Samudariah, s/o. Venkatappaiah (Deceased No.1), Batchu Srinivasa Rao @ Vasu, s/o. Venkayamma, (DeceasedNo. 2) and Suda Venkateswara Rao @ Badvai, s/o. Venkatappaiah (Deceased No.3) and 9 others, are the accused in the said Sessions Case, and conditional bail was granted to them. Out of the total18 accused, 5 were directed to stay at Guntur and report at Lalapet police station everyday, and rest of 13 accused were directed to report at the same police station every Sunday. The said conditions were relaxed by this Hon'ble Court on 18-6-2004.

On 22-6-2004, without having knowledge about the relaxation of the condition, P. Ws. 1,3,6 and the deceased 2 and 3 went to Lalapet police station at 9.30 a.m. and reported to the Station House Officer, and thereafter, they went to market where they wee joined by P.Ws. 2, 4, 5 and deceased No.1. All of them boarded a bus to go to Vengipuram, to see mother-in-lawofP.W.1, who was ailing. They got off from the bus at Prathipadu and P.Ws. 1 to 6 engaged one auto rickshaw, while the three deceased took another auto rickshaw. P.W. 7-the driver of the second auto, took two more passengers P.Ws. 8 and 9. P.W. 8 was Assistant Engineer in D. P. E. P. and he was going from Vangipuram to examine progress of a school building. The second auto boarded by the deceased persons, was going behind the first auto boarded by P.Ws.1 to 6, at a distance of 40 to 50 yards. At about 11.30 a.m. when the second auto rickshaw was to take a turn near Abbineniguntapalem village, bombs were hurled on the 2nd auto rickshaw. On hearing the bomb explosion, P.Ws. 1 t06, who were traveling in the first auto, stopped their auto, went some distance back and witnessed all the accused hacking the three deceased with hunting sickles, battle axes and badise. They ran to the auto rickshaw and noticed the three deceased lying dead, and the co-passengers and the driver lying on the road with injuries. They also noticed the accused going away from the place of occurrence in a jeep and a car towards Guntur. Many villagers, who were working in the neigh bouring fields, rushed to the scene of occurrence.

While so, P.W. 19-5ub-lnspectorof Police, Pedanandipadu, received a telephone at 11.45 a.m. from a stranger informing that murder took place near church in Abbineniguntapalem village. He came to the scene of offenc