( 1 ) THIS appeal is directed against the judgment, dated 20. 2. 2008 passed by the I-Additional Sessions Judge, East Godavari at Rajahmundry (Designated Court to try the offences under the Schedules Castes and Scheduled tribes, Prevention of Atrocities Act, 1989)in SC ST S. C. No. 68 of 2005.

( 2 ) THE appellants were tried by the learned Additional Sessions Judge for the charges under Sections 302 read with 34 ipc, 326 read with 34 IPC and also for the offence under Section 3 (ii) (v) of SC and ST (POA) Act, 1989 and at the termination of the trial, the appellants were acquitted of the offence under Section 3 (ii) (v) of SC and st (POA) Act, 1989, but were convicted for the offences under Section 302 r/w 34 IPC and also under Section 325 r/w 34 IPC. They were sentenced to undergo imprisonment for life and also to pay fine of As. 1,000 each for the offence under Section 302 r/w 34 IPC and further sentenced to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs. 500 for the offence under section 325 r/w 34 IPC.

( 3 ) CHALLENGING the said order of conviction and sentence, the appellants preferred the present appeal.

( 4 ) BRIEFLY stated, the prosecution case is, like this: the appellants are the sons of Adapa suryanarayana and they are residents of Meraka Chamavar village. In the year 1986 the father of the appellants effected partition of Ac. 80. 00 of land and the appellants got Ac. 20. 00 each under the partition while the remaining Ac. 20. 00 fell to the share of their father. The father of the appellants gave ac. 10. 00 of land to the married daughter by name Kanda Mangayamma. Some time prior to the incident, it is said that the father of the appellants insisted on them to give Ac. 5. 00 each to their sister Mangayamma for which the appellants refused. Further, the appellants also demanded their father to part with the remaining land. Thus, disputes arose between the appellants, their father, and their sister in regard to the partition of the property and the said disputes were placed before the elders, but they could not be settled by the elders.

( 5 ) AS a last resort, the father of the appellants solicited their interference in the matter and to settle the dispute. PWs 1 to 4 and the deceased who are the members of CPI (ML) group promised the father of the appellants to dispossess them from their respective lands and hand over the possession of the land to their sister Mangayamma for which the father of the appellants and their sister agreed to part with some land and give it to pws 1 to 4, the deceased and other members of CPI (ML) group. On 12. 12. 2000 at 11. 00 a. m. as per the agreement. PWs 1 to 4, the deceased and other party workers had a discussion about the issue and decided to dispossess the appellants from their respective lands, formed themselves into unlawful assembly with the above said object and to obtain the lands on lease from Mangayamma, proceeded to the paddy field of A3 in Sy. No. 260 of Meraka Chamavaram village at about 1. 30 p. m. arming with sickles, knives and sticks, they trespassed into the land of the appellants by which time the appellants were clearing the bushes on the bunds of the land. Adapa Suryanarayana, the father of the appellants and Mangayamma, their sister and her husband Atchuta Ramaiah were also present there to watch the situation.

( 6 ) WHEN the deceased, PWs. 1 to 4 and others demanded the appellants to surrender the possession of the land, the appellants refused and stated that they wanted to settle the matter in the civil Court. Thereafter, they picked up a quarrel with the appellants. When the appellants resisted to vacate the land, the deceased Bandi Raju who took the lead, hacked A1 with knife on his head, A1 in turn hacked the deceased with knife, A3 beat rayi Appa Rao (LW2) with a stick on the wrist, as a result of which he fell down on the ground, the other persons in the mob also beat A1 to A3, as a result of which A1