K.C. Bhanu, J.

1. This Criminal Appeal, under Section 374 (2) of the Code of Criminal Procedure, 1973 (for short, ‘Cr.P.C.’), is directed against the judgment dated 20.03.2009 in Sessions Case No.102 of 2008 on the file of the IX Additional Sessions Judge (Fast Track Court), Guntur, whereunder and whereby the appellants/A.1 to A.4 were found guilty of the offence punishable under Section 302 read with 34 of the Indian Penal Code, 1860 (for short, ‘IPC’), accordingly convicted and sentenced to undergo imprisonment for life and to pay fine of Rs.1,000/- each in default to undergo simple imprisonment for three months.

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

One Bynaboina Srinivasarao (hereinafter referred to as ‘the deceased’) was resident of Yanamadala village. P.W.2 and Bynaboina Mangamma (L.W.2) are parents, P.W.1 is the elder brother and P.W.3 is the wife, of the deceased. A.1 is father of A.2 to A.4. The accused and the deceased are inter-related. Their lands were situated side by side in Yanamadala village and there was a long standing boundary dispute in the fields between them. In the month of February, 2006, the matter was brought to the notice of elders, who settled the issue amicably, for the time being, but the settlement was not to the satisfaction of both the parties. On 12.06.2006 at about 7.00 AM, the deceased and P.W.1 attacked A.2 with a knife and attempted to kill him, and on a complaint lodged by A.3, case in crime no.45 of 2006 of Prathipadu police station was registered, and after filing of charge sheet, it was numbered as Sessions Case No.92 of 2007 on the file of the Principal Assistant Sessions Judge, Guntur. Thereafter, relations between the accused and the deceased were strained. A.1, being father of victim in the above case, bore grudge against the deceased and P.W.1, and hatched a plan with A.2 to A.4 to do away with the life of the deceased and P.W.1, and the accused were waiting for an opportunity to kill them.

On 21.08.2007, the deceased and P.W.1 came out of their house before dawn for answering calls of nature and as usual, went towards tank bund in Madigapalle village. At about 6.30 AM, they were returning to their house after attending calls of nature in the fields. Pursuant to their conspiracy and keeping watch over their movements, the accused with their premeditated plan, noticed them in the fields answering calls of nature, and came running into the fields towards them. Having seen the accused coming towards them, they frightened and started running towards Madigapalle beyond the stream. P.W.1, who was ahead, crossed the stream first while the deceased as lagging behind, and at this point of time, all the accused, who were armed with knives (veta kodavallu) surrounded the deceased, A.2 dealt blows at first on his head and the deceased fell down in the fields of P.W.9 and was raising hands. The other accused also knifed him all over the body and in particular on his head. Seeing the incident, P.W.1 raised cries which drew attention of P.Ws.4, 9 and 5 (L.Ws.5 to 7), and P.Ws.6 and 7 (L.Ws.8 and 9) who were attending the work in their fields, rushed there and saw the accused fleeing away with the weapons. They all saw the dead body of the deceased in a pool of blood in the field of P.W.9 with multiple injuries on head.

On a report lodged by P.W.1 on 21.8.2007 at 9.00 AM, police registered a case in crime no.52 of 2007 of Prathipadu police station for the offence punishable under Section 302 read with 34 IPC. During the course of investigation, P.W.15-Inspector of Police visited the scene of occurrence, prepared observation report in the presence of mediators, held inquest on the dead body of the deceased and sent the dead body to Postmortem examination. P.W.13-Assistant Professor, Guntur Medical College, Guntur conducted autopsy on the dead body of the deceased. After receiving relevant documents and completion of investigation, police laid the charge she