ORDER :

This Criminal Revision Case came to be filed by the petitioner namely Namala Rajani, who was the Prosecution Witness No.1 in Sessions Case No.473 of 2007, on the file of the Court of I Additional District and Sessions Judge, Guntur (for short, ‘the learned Additional Sessions Judge’), under Sections 397 and 401 of the Code of Criminal Procedure, 1972 (for short, ‘the Cr.P.C.’), challenging the judgment, dated 17.03.2009, where under the learned Additional Sessions Judge found the respondents, accused therein, as not guilty of the charge under Section 302 R/w.34 of the Indian Penal Code, 1860 (for short, ‘the IPC’) and acquitted them under Section 235(1) Cr.P.C.

2. The respondents herein as accused faced the charge under Section 302 R/w.34 of IPC in the aforesaid Sessions Case, which came to be adjudicated on merits, as above.

3. Aggrieved by the same, the Prosecution Witness No.1 (PW.1) filed the present Criminal Revision Case.

4. The parties to this Criminal Revision Case will hereinafter be referred to as described before the trial Court, for the sake of convenience.

5. The State represented by Inspector of Police, Piduguralla filed charge sheet in Crime No.9 of 2007 of Rajupalem Police Station for the offence under Section 302 R/w.34 IPC alleging in substance that all the accused are inter-related.

(i) LW.1-Namala Rajani is the de-facto complainant and wife of the deceased namely Namala Venkateswarlu. LW.2-Namala Kotaiah, LW.3-Namala Venkaiah, LW.4-Namala Ramarao and LW.5-Namala Seetharamaiah are the elder brothers of the deceased. LW.6-Thota Ramaiah witnessed the deceased in the company of A-1 and A-2 sitting on a Panchayat bench near the hotel of LW.13, while they were proceeding towards Anupalem village. LWs.7 to 9 also witnessed the deceased in the company of A-1 to A-4 being followed by A-6 to A-8 and A-10 on the night of 05.02.2007 at about 10:00 PM between Poleramma temple and high school of Anchulavaripalem. LWs.10 to 12 are the persons who found the dead body of the deceased on 08.02.2007 by 03:00 PM at the hayrick in the fields of Anchula Jayamma of Anchulavaripalem.

(ii) There are two groups existing in the village since 1995 Panchayat elections. They developed enmity and were trying to establish supremacy against each other and each party was waiting for an opportunity to wreck vengeance against each other. During the year 2004 on the Sankranthi festival, both groups attacked each other with deadly weapons by hurling country made bombs resulting into the death of Namala Narsaiah, who was the father of the deceased, and Criminal Cases were registered in this regard and the accused are facing trial that was the subject matter in Crime No.1 of 2004.

(iii) After the death of Namala Narsaiah, LWs.2 to 5 grew wild against their rival group and waiting for an opportunity against them, clashed with each other in November, 2005 with the deadly weapons. In that connection, Crime Nos.86 and 87 of 2005 on the file of Rajupalem Police Station were registered. The deceased herein was cited as A-4 in Crime Nos.86 and 87 of 2005. The trial schedule was fixed from 05.02.2007 onwards. On 05.02.2007, accused and deceased went to Narasaraopet to attend the Court. During the Court attendance, A-1, A-2 and A-4, who were the accused in Crime No.87 of 2005, threatened the deceased and his elder brothers to come for a compromise else they would kill them.

(iv) On the same day evening the deceased and others returned to their village. The deceased left his house at 08:00 PM and went into the village but did not return. Later, on the next day i.e., on 06.02.2007, LW.2 telephoned LW.1 about absence of the deceased to the Court. Then, she caused inquiries and came to know that the deceased was sitting on a Panchayat bench near the hotel of LW.13 and went towards Anupalem along with A-1 and A-2. She further came to know that the deceased was in the company of A-1 to A-4, followed by A-6 to A-8 and A-10. As the deceased did not come back to th