IMPORTANT POINT
In the absence of valid explanation for delay in holding of Identification Parade possibility of accused in custody having been already shown to identifier cannot be ruled out.

JUDGMENT

A. M. Ahmadi, J. - Ram Subba Reddy, an advocate, politician (an ex-MLA) cum trade unionist was done to death when he was sleeping on the terrace of his house in Proddatur, District Cuddapah, on the night between 14th and 15th April 1975. The incident in question occurred at about 3.30 a.m. in which, apart from the deceased Ram Subba Reddy having received fatal blows by lethal weapons, his daughter P.W.1 Krishnaveni, aged about 24 years, received injuries when she attempted to go to help her father. As many as 19 persons were put up for trial before the learned Additional Sessions Judge, Cuddapah on different charges. Original accused Nos. 1 and 7 to 19 were charged for criminal conspiracy under section 120B; original accused Nos. 1 to 6, 12 and 13 were charged for rioting with deadly weapons under section 148; original accused No.16 was charged under section 147 along with original accused Nos. 1 to 6, 12 and 13; original accused

Nos.1 to 6 and 12 and 13 were also charged for murder under section 302; the said accused along with original accused No.16 were also charged under section 302/149; original accused No.5 was charged under section 324 and he as well as original accused Nos. 1 to 4, 6, 12, 13 and 16 were charged under section 324/149, I.P.C. To bring home the charges against them the prosecution mainly relied on the testimony of P.W.1 Krishnaveni, P.W. 2 Venkata Subbamma, widow of the deceased, P.W.3, Vankat Rami Reddy and P.W.4 Kasireddy Sarnbasiva Reddy, both of whom it is claimed were sleeping on the ground floor of the house of the deceased and P. W.5 Annapu Reddy Venkata Subba Reddy, a neighbour who arrived at the scene of incident on hearing the commotion and who at the instance of P.W.1 lodged the FIR Exh. P-56 at about 4.30 a.m. The learned Additional Sessions Judge accepted the evidence of P.Ws. 1,2, 3 and 5, P.W.4 having turned hostile, and convicted original accused Nos.1 and 3 under section 148 and section 302 and 324 with the aid of section 149, I.P.C. and original accused N.).5 under sections 148,302 and 324, I.P.C., substantively. All the three of them were sentenced to life imprisonment for murdering Ram Subba Reddy and to rigorous imprisonment for 3 years under Section 148, I.P .C. No separate sentence was imposed for causing injuries to P.W.1. The rest were acquitted of all the charge; levelled against them. No appeal was preferred to the High Court against their acquittal but the three convicted accused preferred an appeal to the High Court challenging their conviction while the State appealed for enhancement of the sentence of accused No.1 from life imprisonment to capital punishment. The High Court doubted the testimony of P.Ws. 1, 2, 3, and 5 and their capacity to identify the assailants and, therefore, acquitted them of all the charges levelled against them. Consequently, the State's appeal for enhancement of accused Nos.1 's sentence also failed. White the State has preferred this appeal against the order of acquittal of original accused Nos. 1,3 and 5, no appeal has been preferred against the dismissal of the State's appeal for enhancement of the accused No.1' s sentence. A few facts leading to this appeal may be noticed.

2. The deceased was a practising lawyer and a congressman. He was a member of the Legislative Assembly during the 1967-1972 term. He had his own house in which he resided. Accused No.1, a medical practitioner, was a trade union activist belonging to the Communist Party of India (Marxist-Leninist group) and weilded considerable influence among the working classes. Accused No.2 was a lower division clerk in the judicial department, District Cuddapah, but was on leave at the material time. He was a close associate of accused No.1. Accused Nos. 3 and 5 were employees of Andhra Cotton Mills, Proddatur, while accused Nos. 4 and 6 were employees of International Packaging Company, Proddatur, and took part in trade union activities. In the first quarter of 1974 the workers of