JUDGMENT

Kuldip Singh, J. - Nethala Pothuraju, Nethala Dhananjaya, Nethala Remudu and four others (hereinafter referred to as 'A-1 to A-7') were tried for the offence under Sections 147, 148, 323, 379 and 302 read with Section 149 I.P.C. on the allegations that they caused the death of Madda Lakshamandas of village Ramaraogudem on November 1,1980, near the Tobacco Garden of A-1. The Trial court acquitted A-7 of all the charges, A-1 to A-6 were, however, found guilty for the offences punishable under Sections 148 and 302 read with section 149 I.P.C. They were sentenced to imprisonment for life. On appeal, the High court confirmed the conviction and sentence of A-1 to A-3. The conviction and sentence of A-4 to A-6 was set aside by the High Court and they were acquitted on the following reasoning:

"We feel that it would be safe to accept the evidence of P.Ws. 1 and 2 to the extent it is corroborated by the evidence of P.W. 3 in so far as the presence and participation of the accused in the attack on the deceased is concerned. Accepting the evidence of P.W. 3, we hold that the identity of A-1 to A-3 in the unlawful assembly consisting of A-1 to A-3 and some other unidentified persons i