JUDGMENT :

C. Praveen Kumar, J.

1. Accused Nos.1 to 5 in Sessions Case No.394 of 2007 are the appellants herein. A1 was tried for the offences punishable under Sections, 148, 302 and 307 of the Indian Penal Code, 1860 [for short ‘I.P.C’], while A2 to A5 were tried for the offences punishable under Sections 148, 307 r/w 149 and 302 r/w 149 I.P.C.

2. Vide judgment dated 30.11.2015, the learned Special Sessions Judge-cum-X Additional District & Sessions Judge, Krishna at Machilipatnam convicted A1 for the offences punishable under Sections 148, 302 and 307 I.P.C and A2 to A5 for the offences punishable under Sections 148, 302 r/w 149 and 307 r/w 149 I.P.C. Accordingly, A1 to A5 were sentenced to undergo Rigorous imprisonment for a period of three years and to pay fine of Rs.500/-, in default, to suffer simple imprisonment for a period of six months for the offence punishable under Section 148 of I.P.C.; A1 was sentenced to undergo life imprisonment and to pay fine of Rs.2000/-, in default, to suffer simple imprisonment for a period of two years for the offence punishable under Section 302 I.P.C; A1 was further sentenced to undergo rigorous imprisonment for a period of seven years and to pay fine of Rs.2,000/-, in default, to suffer simple imprisonment for a period of six months for the offence punishable under Section 307 I.P.C; A2 to A5 were also sentenced to undergo life imprisonment and to pay fine of Rs.2000/- each, in default, to suffer simple imprisonment for a period of two years for the offence punishable under Section 302 r/w 149 I.P.C; A2 to A5 were further convicted and sentenced to undergo rigorous imprisonment for a period of seven years and to pay fine of Rs.2,000/- in default, to suffer simple imprisonment for a period of six months for the offence punishable under Section 307 r/w 149 I.P.C. The substantial sentences imposed against A1 and A2 to A5 were directed to run concurrently.

3. It appears from the record that on the date of judgment, i.e., on 30.11.2015, A4 remained absent and sentence of imprisonment, as referred to earlier, came to be passed on 05.02.2016.

4. The substance of the charge against the accused is that on 23.02.2006 at 8.30 P.M. at Nizampeta, Machilipatnam, accused 1 to 5, formed themselves into an unlawful assembly and caused the death of one Rajulapati Rajani. In the course of same transaction, caused injuries to Rajulapati Vamsi and Rajulapati Pushpavathi (P.Ws.1 and 2).

5. The facts in issue are as under:

(i) P.W.1 is the son of P.W.2, while the deceased was the junior maternal aunt of P.W.1. P.W.2 is the co-sister of P.W.1. P.W.3 is the daughter of the deceased. P.W.4 is the mother-inlaw of the deceased. P.W.18 is the son of the deceased. All other witnesses are neighbours and official witnesses. On the night of 22.02.2006, some unknown offenders committed theft of copper boiler, brass bucket and brass pots from the house of P.W.2. The same was noticed on the next day morning i.e., on 23.02.2006 and as such, P.W.2, deceased and neighbours went to the police station and lodged a report, suspecting A1 in commission of theft. The police informed them that they would enquire into the same and will intimate later. On the same day, at about 7.00 P.M., A1 went to the house of P.W.2, picked up a quarrel with her, deceased and others, questioning as to why a report was given against him, and also threatened them with dire consequences.

(ii) On the very same day at 8.30 P.M, while P.W.2 was watching T.V in her house by sitting in the varandah, along with P.Ws.1, 3 and others, while the deceased was in the kitchen room, some persons kicked the main gate of the house. On hearing the same, P.Ws.1 and 2 came out from the varandah and saw five persons entering the house. A1 is said to have hacked the deceased on her chin portion with a knife, while the remaining persons hacked her with knives on her body and face. When the deceased raised her left hand to-ward off the knife blows, her fingers were cut. On seein