JUDGMENT :

C.Praveen Kumar, J.

1. Heard Sri P.Veera Reddy, learned Senior Counsel appearing for the Appellant Nos.1 to 10 and Sri Y. Nagi Reddy, learned Public Prosecutor, appearing for the State.

2. Originally, Accused Nos.1 to 10 were tried for the offences punishable under Sections 148 of Indian Penal Code, 1860 (for brevity ‘IPC’) and Section 302 read with 149 of IPC for causing the death of one Kambhampati Ramesh (hereinafter referred to ‘deceased’) on 04.10.2012 at 9.30 a.m., at the shop of one Kolikipudi Bhaskara Rao of Lingapuram village.

3. Vide its Judgment, dated 13.08.2015, the learned Sessions Judge at Guntur in Sessions Case No.60 of 2014 found Accused Nos.1 to 10 guilty for the offence punishable under Section 148 of IPC and sentenced each of them to suffer rigorous imprisonment for one (01) year. He also found Accused Nos.2 and 6 guilty for the offence punishable under Section 302 of IPC and Accused Nos.1, 3 to 5 and 7 to 10 for the offence punishable under Section 302 read with 149 of IPC and sentenced each of them to suffer imprisonment for ‘life’ and to pay a fine of Rs.1,000/- each, in default to suffer rigorous imprisonment for a period of three (03) months. The substantive sentences were directed to run concurrently.

4. The facts, as culled out from the evidence of the prosecution witnesses, are as under:

(i) P.W.1 is the brother of the deceased, while P.W.2 is a very close relative of the deceased. P.W.3 is the father of the deceased, while P.W.4, P.W.5, P.W.6 and other material witnesses are closely related to the deceased.

(ii) There were two factions in the village, one lead by Kambhampati Kallaiah and another by Kambhampati Chandraiah. One group own allegiance to Congress-I party, while the other group to Telugu Desam Party. The prosecution party belongs to Kambhampati Kallaiah group, while the deceased belong to the group of Kambhampati Chandraiah. There were number of disputes/quarrels between both the groups, which lead to registration of number of criminal cases right from 1988 to 2003. However, in respect of some of the disputes, compromise was affected and the cases were disposed of by recording compromise. Thereafter, there were no incidents between two factions.

(iii) Since, a year prior to the date of incident, differences crept up between both the groups, which lead to the incident in question.

(iv) It is said that, on 03.10.2012 the deceased (Kambhampati Ramesh) along with one Kambhampati Vidyadhar (P.W.7) were sitting on the cement bench at Kallaiah’s shop, accused nos.2, 3, 6 to 8 came there and they also sat on the same bench. On that, the deceased and P.W.7 left that place. By that time, the accused questioned them as to why they are sitting there, since the centre belongs to them. The deceased informed about the said incident to P.W.1.

(v) On the next day morning i.e., 04.10.2012 at about 9.30 a.m. P.W.1 purchased some sundries from the shop of one Bhimaiah (not examined) and was returning home and when he reached the shop of Bhaskara Rao (not examined), he noticed accused Nos.1 and 4 catching the shirt-collar of the deceased stating that even though he was warned earlier, he did not realize and attacked him. On that, accused Nos.2 and 6 hacked the deceased with axes on his head, as a result of which, he received bleeding injuries and fell on the ground. Then, accused Nos.3 and 5 assaulted the deceased with stout sticks on his knees. Accused Nos.7, 8 and 9 also beat the deceased with hands and legs. P.W.1, P.W.2, P.W.4, P.W.6 and P.W.5 went there, raised cries, and requested the accused not to beat. On that, all the accused left that place with axes and sticks through the mud road beside the house of Kasaiah. P.W.1 left that place weeping and brought his father (P.W.3) to the place of incident. P.W.1 and P.W.2 carried the injured (deceased) in an auto belonging to P.W.8 to go to Amaravathi Government Hospital. On the way, they came across an ambulance and accordingly, shifted the deceased into