IMPORTANT POINT
The judgment underscores the principle that the prosecution must prove guilt beyond reasonable doubt, particularly in cases involving serious charges like murder.

JUDGMENT :

K.Suresh Reddy, J.

All the eight accused in S.C.No. 28 of 2012 on the file of the Court of learned IV Additional District and Sessions Judge, Nellore (for short, 'the trial Court'), filed the present criminal appeal before this Court. During pendency of the appeal, accused Nos. 2 and 8 are reported to have died and therefore the appeal against accused Nos. 2 and 8 is dismissed as abated. All the accused were tried by the trial Court under the following five charges:

I charge was under Section 147 IPC against all the accused;

II charge was under Section 148 against all the accused;

III charge was under Section 341 IPC against all the accused;

IV charge was under Section 324 IPC against all the accused;

and

V charge was under Section 302 read with Section 149 IPC against all the accused.

2. Substance of the charges is that on 28-02-2011 at about 8 p.m., all the accused armed with deadly weapons, with the common object, formed into an unlawful assembly and intercepted one Chiramana Haribabu @ Hari (hereinafter referred to as 'the deceased') in front of the shop of P.W.4 while he was going on a motorcycle and hacked him with axes and knives causing his death and in the said process, the accused caused injuries to P.W.1, thereby committed offences punishable under Sections 147, 148, 341, 324 and 302 read with Section 149 IPC.

3. After completion of trial, the trial Court convicted the accused and sentenced them to suffer rigorous imprisonment for two years and also to pay a fine of Rs.1,000/- each, in default to suffer simple imprisonment for a period a period of six months, for the offence under Section 147 IPC; to suffer rigorous imprisonment for two years and also to pay a fine of Rs.1,000/- each, in default to suffer simple imprisonment for a period a period of six months, for the offence under Section 148 IPC; to suffer rigorous imprisonment for one month and also to pay a fine of Rs.500/- each, in default to suffer simple imprisonment for a period of fifteen days, for the offence under Section 341 IPC; to suffer rigorous imprisonment for three years and also to pay a fine of Rs.1,000/- each, in default to suffer simple imprisonment for a period of one year, for the offence under Section 324 read with Section 149 IPC and to suffer imprisonment for life and also to pay a fine of Rs.2,000/- each, in default to suffer simple imprisonment for a period of two years, for the offence under Section 302 read with Section 149 IPC.

4. Case of the prosecution as emanated from the evidence of prosecution witnesses is as follows:

All the accused and the material prosecution witnesses are residents of Kanuparthipadu Village, Nellore Rural Mandal. Accused Nos. 2, 4, 7 and 8 are brothers and accused No. 1 is their cousin. Accused No. 3 is son-in-law of accused No. 7. Accused Nos. 5 and 6 are sons of accused No. 7. The deceased is junior paternal uncle of P.W.2. P.W.3 is brother-in-law of the deceased. P.W.6 is wife and P.W.7 is brother of the deceased.

The accused and the prosecution party belonged to CPM Party and there are two groups among them in Kanuparthipadu Village. One group led by the deceased and the other group led by accused No. 4.

In the year 2010 during Vinayaka Chaviti procession, there was a quarrel between the deceased and one Mekanuri Venkata Ramanaiah who is younger brother of accused No. 1 and they beat each other. On the next day, the deceased hacked leg and hand of the said Ramanaiah. According to the prosecution, since then, the accused nurtured grudge and enmity against the deceased.

While so, on 28-02-2011 at about 7 p.m., the deceased and P.W.1 went to the shop of one Siddaiah on motorcycle to buy coconuts as the son of the deceased was sick. Two or three minutes later, P.Ws.2 and 3 went to cross-roads on their bike on personal work. After purchasing coconuts while the deceased and P.W.1 were returning home, P.Ws.2 and 3 said to be following them on their bike. When the deceased reached near the shop of P.W.4, the accuse