JUDGMENT (Per V.Eswariah, J.)

1. As Accused No.1 is reported to have died, the appeal as against him is abated by order dated 20.8.2007.

2. This appeal is preferred by the State against the judgment dated 26.02.2005 passed in Sessions Case No. 60 of 2002 by the learned VI Additional-Sessions Judge (Fast Track Court), Krishna at Machilipatnam, acquitting the accused 1 to 4 - respondents herein for the offence under Sec. 302 IPC.

3. The case of the prosecution, briefly stated, is that all the accused and the deceased Aariga Krishna Murthy are residents of Talagadadeevi village of Avanigadda Circle, Krishna District. A-1 is Ex-sarpanch of the village and A-2 is the Secretary of the Harijanwada Committee. A-2's wife was elected as Sarpanch of the said village. All the accused belong to Harijan Community and they are sympathizers of Congress (1) Party and closely associated with each other. The deceased also belonged to Harijan community and a resident of the same village. He was President of the Hajianwada Committee and a sympathizer of Telugu Desam Party. On 14.11.2001 at about 7.00 p.m., all the accused in furtherance of their common intention to kill the deceased, attacked him with dea

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