Chandra Reddy, J.

[1] The appellants, three in number (accused 1 2 and 4), have been convicted by the Sessions; Judge of Cuddapah of offences of rioting, murder and attempt to murder. All of them were sentenced to one year's rigorous imprisonment under Section 148, I.P.C. They were also found guilty under Section 302, I.P.C. While a sentence of death was passed on A-1, A-2 and A-4 who were found constructively liable were sentenced to transportation for life.

They were also awarded a term of 7 years' rigorous imprisonment under each of the counts under Section 307 either directly or read with Section 149, the sentences to run concurrently. In addition, they were also convicted under Section 197, Arms Act and sentenced to one year's rigorous imprisonment.

[2] On 10-10-1953 there was a rioting in the village of Janagalapalle, Cuddapah District, before midday in the course of which fire-arms were used and a man by name Gangulureddi was killed and P. Ws. 1 to 5 and one Govindu sustained gun-shot wounds. It was the prosecution case that 15 persons including the appellants took part in this rioting. These 16 persons were placed on trial before the Sessions Judge on a number of