(Per N.Y. Hanumanthappa, J.)

These appeals are preferred by A-1 to A-3 and A-4 to A-6 respectively assailing the judgment in S.C.No. 283/93 on the file of I Additional Sessions Judge, Machilipatnam whereby all the accused are convicted for the offence under Section 148, IPC, and sentenced to undergo R.I. for two years, and they are also convicted for the offence under Section 302 r/w 149, IPC, and sentenced to undergo imprisonment for life. Both the sentences are directed to run concurrently. Both the appeals are heard together and are being disposed of by this common judgment.

2. The gravamen of the charge is that all the accused formed themselves into an unlawful assembly with the common object of killing one Damerla China Narasimha Rao alias Chinnabbayi (hereinafter referred to as 'the deceased') and committed the offences of rioting and murdering by hacking him with deadly weapons like swards, axes and battle axe when the deceased was going on a bicycle near Pothuraju centre at Avanigadda.

3. The case of the prosecution in brief is that all the accused are residents of Bandalayi Cheruvu, which is part of Avanigadda. P.Ws. 1 to 3, namely, Repalli Sekhar Babu, Yasam Gopi and Damerla Venkata Goverdhanarao respectively and the deceased are residents of Avanigadda. P.W s. 1 and 2 and the deceased were rowdy-sheeters. The accused belong to C.P.I. (ML) Party and Sympthisers of Telugu Desam Party. Radha Ranga Mitra Mandali affiliated to Congress (I) Party, its president was one Mr. Rajanala Manikyala Rao. On 4-5-1992 he was convicted for an offence under Section 302, IPC, in a case relating to the murder of one Ranganath, Advocate of Vijayawada. In place of Mr. Rajanala Manikyala Rao, the deceased became the President of the Mandal. When the two rival parties were making efforts to attack each other, security proceedings under Section 107, Cr.P.C. were initiated against them by the Police. On 19-10-1992 at 2 p.m. the deceased on the bicycle and P.Ws.1 to 3 on another bicycle (triple ride) started from Radha Ranga Mitra Mandali Office to go to the house of their Advocate by name Mathi Venkteswara Rao, when they reached Pothuraju centre near Southa Market, all the accused, who were armed with deadly weapons, attacked the deceased. A-3 hacked the deceased on his neck with a patta kathi. When the deceased fell down, A-2 and A-4 hacked with battle axes on his neck. Then A-1 hacked with patta kathi on the face and A-2 on the right chest of the deceased with battle axe. A-3 hacked the deceased again on the left shoulder with patta kathi. A-5 hacked with an axe on the right shoulder and A-6 on the head with patta kathi. P.Ws.1 to 3 and one Ch. Srinivasa Rao, who is cited as L.W.4 (not examined) in the charge-sheet, witnessed the occurrence. When they raised cries, people of the locality rushed to the scene and accused ran away. The deceased was found dead in a pool of blood. P.W.1 left the scene and went to the police station on bicycle. He drafted a report and gave it to S.I. of Police, Avanigadda S. Durga Rao (P.W.8) at 2.45 p.m. The report is marked as Ex.P-1. P.W.8 registered the case in Crime No. 70/92 under Sections 147, 148 and 302 r/w 149, IPC. After deputing a police constable to guard the scene, P.W.8 informed the Inspector of Police, Sri Srivaraprasad Pandey (P.W.10) about the incident on telephone. He left to the scene of occurrence with Head Constable and Police Constable. P.W.9 L. Srinivasa Rao also went to the scene of occurrance and commenced investigation. He secured the presence of Kagithala Nancharayya, Village Administrative Officer (P.W.4) and Pamarthi Veeraiah, P.W.5 - photographer and got the scene photographed at 4 p.m. He prepared an observation report Ex.P-2 in the presence of P.W.4 and another mediator. He seized various articles, including two bicycles (M.Os. 10 and 11) from the scene and also blood stained earth, etc. Then he held inquest between 5 and 8p.m. in the presence of P.W.4 and another. He exami