JUDGMENT :

Both these Criminal Appeals arose as against the judgment in Sessions Case No.10 of 2002, on the file of the Assistant Sessions Judge, Markapur, dated 13.10.2004, whereunder the learned Assistant Sessions Judge, Markapur, found the respondents in Criminal Appeal No.1001 of 2008 not guilty of the charges framed against them and acquitted them under Section 235 (1) of Criminal Procedure Code (“Cr.P.C.” for short) and found the respondents in Criminal Appeal No.426 of 2007 guilty of certain charges and sentenced them accordingly. So, the Criminal Appeal No.426 of 2007 is filed questioning the quantum of sentence i.e., inadequacy of sentence and that is filed by the State. Similarly, the Criminal Appeal No.1001 of 2008 is filed as against the acquittal of the respondents therein.

2. The Sessions Case No.10 of 2002 arose out of committal order passed by the Judicial First Class Magistrate, Markapu in P.R.C.No.34 of 2001.

3. 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.

4. 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.

5. 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 admonished accused. Then the accused found that L.W.1-Botchu Veera Reddy was not among L.Ws.2 to 5 and they learnt that he is proceeding to his land. Then the accused left hurriedly to kill him. Then L.Ws.8 to 10, who noticed the accused coming to kill L.W.1, gave signal to L.W.1 intimating that accused are coming to murder him. L.W.1 escaped and ran away. But, all the accused attacked L.W.1 armed with spears, sticks and surrounded him to kill him. Out of them, A.1 pierced L.W.1 with a spear on his left side stomach. A.2 beat L.W.1 with stick on his face and chin indiscriminately. A.13 pierced L.W.1 with spear on his right hand wrist. A.12 pierced L.