(Per P. Durga Prasad, J.)

The Criminal Appeal No. 49 of 2009 is filed by A-1 and Criminal Appeal No. 50 of 2009 is filed by A-4. Both the appeals are directed against the conviction and sentence by a common judgment against A-1 in S.C.No. 359 of 2007 and A-4 in S.C.No. 667 of 2005 by the III Additional Sessions Judge, Karimnagar on 27-5-2008.

2. The appellants herein are A-1 and A-4 and they along with A-2 and A-3 were prosecuted for the offences under Sections 302, 307 and 506 read with Section 34 of IPC.

3. According to the prosecution, A-4 is the father of A-1 to A-3 and they are residents of Kondapur village. The deceased and P.W.1 are the caste elders of their village. About 22 years ago, Government has acquired six acres of land from one Guda Lachavva of Kondapur village and distributed the same to the members of S.C. community in the village. A-1 to A-4 are among the beneficiaries of the said land. The beneficiaries constructed their houses in their allotted plots and residing therein. But a piece of land located in the centre of the village was spared for construction of Ambedkar Sangam building. The said piece of land became prime one since its location is in the centre of the village. A-1 and Bakkaiah occupied the said land and erected huts. The members of the S.C. community and other villagers raised objection in that regard. But A-1 and Bakkaiah did not care them. The villagers could not dare to remove their huts from the land due to fear and the criminal background of A-1. A-1 was previously involved in a dacoity case along with his brother A-2 of P.S. Velgatur. He also used to beat the villagers and harass them jrequently without any valid reason and create terror in the village and A-2 is also a habitual offender. The village elders, P.W. 1 and the deceased Enagandula Ramaiah approached the MRO for redressal of the land but their attempts failed to vacate the land. Finally P.W.1 and the deceased approached the District Collector and S.P., Karimnagar. As per the instructions of the superior officers, P.W.11 visited the village and conducted an open enquiry. In the said inquiry A-1 and Bakkaiah admitted that they have been allotted the house plots in the land and they are in possession of the same and occupied this piece of land allotted for the Ambedkar Sangam building and agreed to remove their huts and accordingly they removed their huts. Since them A-1 bore grudge against P.W.1 and the deceased. On 23-2-2004 at 21.00 hours A-1 along with his associate namely Enagandula Yellaiah beat the deceased and P.W.1 with sticks and warned them not to interfere in his activities and not to report to the police. On the complaint filed by the deceased, a case in Cr.No. 21 of 2004 under Sections 324, 506 read with Section 34 of IPC was registered at P.S. Velgatur and the same is pending in the Court as C.C.No. 50 of 2004. A-1 bore grudge against the deceased and P.W.1 for lodging the complaint against him and again assaulted him and beat with sticks with the help of his associates on 26-4-2004, which is subject matter of Cr.No. 31 of 2004 under Section 324 read with Section 34 of IPC, of Velgatur police station and the said case is pending in the Court as C.C.No. 288 of 2004 and in other the cases A-1 is avoiding his arrest and charge sheets were filed showing A-1 as absconding. In the meantime the members of Ambedkar Sangam passed a resolution and started construction of Ambedkar Sangam building in the piece of land but A-1, who is still in a plan to grab the said piece of land, hatched a plan to .do away with P.W.1 and the deceased. Accordingly he discussed with A-2 to A-4 and all of them decided to kill P.W.1 and the deceased in order to grab the said piece of land. On 17-10-2004 at about 17.00 hours while P.W.1 and the deceased were chitchatting near a public hand bore in front of P.W.1's house, A-1 to A-4 attacked on them with pestle, sticks and beat them indiscriminately with an intention to kill. P.Ws. 2, 4 and o