ORDER :

This Criminal Revision Case came to be filed by the petitioners, who are the Accused Nos.1, 6, 7, 8, 10, 12 and 13, in Sessions Case No.10 of 2002, on the file of the Assistant Sessions Judge, Markapur and who are the appellants in Criminal Appeal No.153 of 2004, before the learned II Additional District & Sessions Judge (FTC), Ongole at Prakasam Division, challenging the judgment in the said Criminal Appeal, dated 08.02.2006, whereunder the learned II Additional District & Sessions Judge (FTC), Ongole, allowed the appeal in part exonerating the petitioners for the offence under Section 148 of Indian Penal Code (“I.P.C.” for short) and confirmed the sentence imposed against them by the Assistant Sessions Judge, Markapur, dated 13.10.2004, as regards the punishment under Section 324 of I.P.C.

2. The petitioners faced trial in S.C.No.10 of 2002 before the Assistant Sessions Judge, Markapur, on various charges and the learned Assistant Sessions Judge, Markapur, found them guilty of the charges under Sections 148 and 324 of I.P.C. and accordingly, after questioning them, convicted and sentenced them to pay fine of Rs.500/- each, in default to suffer simple imprisonment for one month each for the charge under Section 148 of I.P.C. and further sentenced them to suffer rigorous imprisonment for six months each and to pay fine of Rs.200/- each, in default simple imprisonment for one month each for the charge under Section 324 of I.P.C.

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

4. The case of the prosecution, in brief, is that the State, represented by the Station House Officer, Pedda Araveedu Police Station, filed charge sheet in Crime No.23 of 2001 of Pedda Araveedu Police Station, under Sections 147, 148, 324 and 307 of Indian Penal Code (“I.P.C.” for short) r/w 149 of I.P.C., alleging that A.1 to A.13 and L.Ws.1 to 15 are residents of Ramayapalem Village of Pedda Araveedu Mandal. A.1 to A.13 belonged to Vaddera caste. The above prosecution witnesses except L.Ws.7 and 12 belonged to Reddy caste. L.Ws.7 and 12 belonged to Rajaka caste.

5. There are two rival groups in the village at Ramayapalem. L.Ws.1 to 15 and some others belonged to other group. There was a political rift in the village. Both the groups belonged to two political parties i.e., Telugudesam Party and Congress Party. There are strained feelings among the two groups since 1995 due to Panchayat elections. Apart from this, during September, 1995, the rival group belonging to accused brutally killed the father of L.W.1. So, there are strained feelings among the groups which reached climax. Both the accused party and the defacto-complainant (L.W.1) party laid their claim over Government banjar land in an extent of Ac.3-70 cents in Survey No.670, for which both the parties were not granted with any pattas. Accused group are waiting an opportunity to take revenge against the defacto-complainant. They hatched a plan to do away L.W.1, if he raise any objection over the occupation of the said land. Accused party collected material with stones and constructed parapet wall with stones encroaching the bore pump and public road and caused obstruction to the public. L.W.1 on hearing the same, raised objection.

6. While so, on 04.04.2001 at 5-00 P.M. L.Ws.2 to 5 went to bore to bring water and they found the encroachments. Then, A.1 to A.13 formed themselves into unlawful assembly armed with spears, sticks and stones and attacked them. A.1 pierced L.W.2 with a spear on his head and caused bleeding injury. A.7 beat L.W.2 with stick on his left waist and caused bleeding injury. A.1 beat L.W.4 with a stone below right eye and caused bleeding injury. A.8 beat L.W.5 with a stone on the back side of her head and caused bleeding injury. A.2 pierced L.W.3 with a spear on his umbilical card and caused bleeding injury. They also beat L.Ws.2 to 5 with legs and hands. L.Ws.14 to 16 intervened and