JUDGMENT :

B.V.L.N. Chakravarthi, J.

Heard Sri T.Pradyumna Kumar Reddy, learned counsel for the appellants/accused and learned Additional Public Prosecutor for the respondent/State.

2. Accused Nos.1 to 14 in Sessions Case No.422 of 2013 on the file of learned VI Additional Sessions Judge, Anantapuramu at Gooty as appellants herein. They were tried for the offence punishable under Section 148 of the Indian Penal Code, 1860 (for brevity ‘IPC’); secondly accused Nos.1 to 3, 5 to 7 for the offence punishable under Section 302 of IPC; thirdly, accused Nos.4, 8 to 16 for the offence punishable under Sections 149 read with 302 of IPC and fourthly, accused No.6 for the offence punishable under Section 323 of IPC.

3. The learned Sessions Judge vide Judgment, dated 09.11.2015 sentenced accused Nos.1 to 14 to undergo simple imprisonment for a period of one (01) year each for the offence punishable under Section 148 of IPC. Accused Nos.1 to 3, 5 to 7 were sentenced to undergo imprisonment for ‘Life’ and also to pay a fine of Rs.1,000/- each, in default, to undergo simple imprisonment for a period of three (03) months each for the offence punishable under Section 302 of IPC; accused Nos.4, 8 to 14 were sentenced to undergo imprisonment for ‘Life’ and also to pay a fine of Rs.1,000/- each, in default, to undergo simple imprisonment for a period of three (03) months each for the offence punishable under Section 149 read with 302 of IPC; accused No.6 is sentenced to undergo simple imprisonment for a period of six (06) months for the offence punishable under Section 323 of IPC. The sentence of imprisonment imposed against accused Nos.1 to 14 were directed to run concurrently. Accused Nos.15 and 16 were found not guilty for the above charges and were acquitted for the offence punishable under Sections 148, 302 read with 149 of IPC in the same Judgment.

4. The substance of the charge levelled against the accused is that on 18.07.2011 at about 7.00 a.m., in Sri Anjaneya Swamy Temple at Muppalagutty village of Peddavaduguru Mandal, Anantapuramu District, accused Nos.1 to 16 formed into unlawful assembly, armed with knife and sickles, with a common intention to commit murder of Neeruganti Sivaiah (hereinafter referred to as ‘deceased’) due to village supremacy between two castes and monetary disputes between the deceased and some of the accused. Accused Nos.1 to 7 attacked the deceased with deadly weapons inside the temple, resulting his death, the remaining accused stood guard at outside carrying cudgels and stones and accused No.6 beat A.Nagamani (P.W.2) as she obstructed the accused from killing the deceased.

5. The case of the prosecution, in brief, is as under:

(i) P.W.1 is nephew of the deceased and P.W.2 is the sister-in-law of P.W.1. The deceased used to do cultivation and also lending money on interest. The deceased lent money to accused Nos.8 and 9 prior to the date of offence. The deceased demanded them to repay the amount. Accused Nos.8 and 9 along with accused No.1 went to the house of deceased under the pretext of discharging the amount. They asked the deceased to bring promissory notes executed by accused Nos.8 and 9. When the deceased brought the promissory notes, the accused took and torn the same and ran away. The deceased raised alarm. P.W.1 and others rushed to the place. There was an altercation between the accused, P.W.1 and others. In that connection, cases were filed in Peddavaduguru Police Station by both sides against each other. After sometime, the village elders intervened and compromised the matter. Accused Nos.8 and 9 did not repay the amount as promised in the compromise. On the other hand, accused Nos.1, 8 and 9 instigated other debtors of the deceased not to repay the amounts borrowed. Two days prior to the date of offence, the deceased informed the elders that he would give report to police against accused Nos.1, 8 and 9.

(ii) After two days i.e., on 18.07.2011 at 7 a.m P.W.1 went to Anjaneya Swamy Temple situated in the v