JUDGMENT

Hansaria, J.- In these two appeals the six appellants have challenged the judgment of the High Court of Andhra Pradesh by which the conviction as awarded on them by the Additional Sessions Judge, Krishna Division, Vijayawada was upheld. Of the six appellants, three in Crl. Appeal No. 484/82, who are Kaki Ramesh, Daimadugula Peddy Baburao and Dadimadugla Chinna Baburao have come to be convicted under section 302 of the Penal Code; the remaining three, namely Senagasetti Subba Rao; Paladugu Veerayya and Senagasetti Durga Prasad, who are the appellants in Crl. Appeal No. 485/82, have been found guilty under section 302/149.

2. The prosecution case which need be noticed for the disposal of the appeals is that the six appellants along with many others had attacked one Raja Babu on the night of 3.8.1979 while the deceased and his brother P.W. 1, nephew P.W. 2 and mother P.W. 3 were sleeping in their house. The attackers were armed with axes, spears and sticks. On hearing the shouts, P.W. 1 opened the door when the members of unlawfully assembly entered forcibly in the house of the deceased and when he was about to get up from his bed, appellant No. 1 in Crl. Appeal No. 484/82, n