The court emphasized the necessity of corroborating witness testimonies with medical evidence and recognized the spontaneous nature of the incident in determining culpability.

COMMON JUDGMENT

A.V. Ravindra Babu, J. - Challenge in Criminal Appeal No.834 of 2007 is to the judgment, dated 29.06.2007, in Sessions Case No.30 of 2006 on the file of the Court of V Additional Sessions Judge (Fast Track Court), Anantapur (for short, 'the learned Additional Sessions Judge'), whereunder the learned Additional Sessions Judge found the appellants herein, who were the accused Nos.1, 3, 4 and 8 in S.C. No.30 of 2006 along with other accused guilty of the charge under Section 148 of the Indian Penal Code, 1860 (for short, 'the IPC') and charge under Section 304 Part-II IPC R/w.149 IPC, convicted them under Section 235(2) of the Code of Criminal Procedure, 1973 (for short, 'the Cr.P.C') and, after questioning them about the quantum of sentence, sentenced them to suffer Rigorous Imprisonment for one year each and to pay a fine of Rs.200/- each in default to suffer Simple Imprisonment for one month each for the offence under Section 148 IPC and further sentenced them to suffer Rigorous Imprisonment for seven years each and to pay a fine of Rs.500/- each in default to suffer Simple Imprisonment for two months each for the offence under Section 304 Part-II IPC R/w.149 IPC.

2. Challenge in Criminal Appeal No.807 of 2007 is to the judgment, dated 29.06.2007, in Sessions Case No.30 of 2006 before the learned Additional Sessions Judge, whereunder the learned Additional Sessions Judge found the appellants herein, who were the accused Nos.2, 5, 6, 7 and 10 in S.C. No.30 of 2006, along with other accused guilty of the charge under Section 148 of the IPC and Section 324 R/w.149 IPC for causing injuries to PW.1 and PW.2, as the case may be, sentenced them to suffer Rigorous Imprisonment for one year each and to pay a fine of Rs.200/- each in default to suffer Simple Imprisonment for one month each for the offence under Section 148 IPC and further sentenced them to suffer Rigorous Imprisonment for one year each and to pay a fine of Rs.200/- each in default to suffer Simple Imprisonment for one month each for the offence under Section 324 R/w.149 IPC.

3. The parties to these Criminal Appeals will hereinafter be referred to as described before the trial court, for the sake of convenience.

4. Sessions Case No.30 of 2006 arose out of the committal order in Preliminary Registration Case (PRC) No.27 of 2005 on the file of the Court of Judicial Magistrate of First Class, Anantapur (for short, 'the learned Magistrate') pertaining to Crime No.40 of 2004 of Bukkarayasamudram Police Station, Anantapur District for the offences under Sections 147, 148, 324, 307 and 302 R/w.149 IPC.

5. The State, represented by the Inspector of Police, Itikalapalli Circle, filed charge sheet against the accused alleging the aforesaid offences. The case of the prosecution, in brief, according to the contents of the charge sheet, is that on 21.03.2004 evening Ugadi festival was being celebrated in K.K. Agraharam village and as a part of celebration there was competition of pulling of big stone pillars by bullocks. When the bullocks of Kapu community were pulling the stone pillar, all heckled at the feats and passed derogatory remarks. LW.1 - Kuruba Kalaguri Pakkirappa took exception for the bad language used against Kapu community. Then, one Surappa and Narappa belonging to Kapu community were assaulted. Thereafter, the matter was subsided. Kaluguri Veera Narappa, who was arrayed as A-11 in the charge sheet, took it as an insult and felt that because of LW.1, he was assaulted and wanted to teach a lesson to him. On 22.03.2004 at about 01:00 p.m. when LW.1 was sitting on a pial by the side of Sri Venkateswara Swamy Temple, A-11 collected A-1 to A-10 and all of them formed themselves into members of an unlawful assembly with the common object of attacking LW.1 and, in pursuance of the said common object, accused armed with sticks, came and dragged LW.1 from the pial and threw him down in front of Sanjamma's house. A-5, A-6 and A-7 hit LW.1 with sticks on his body, due