.

JUDGMENT

Nanavati, J. - These three appeals arise out of the judgment and order passed by the High Court of Andhra Pradesh in Criminal Appeal No. 933 of 1989. As they have arisen out of the same judgment, they were heard together and are disposed of by this common judgment. Criminal Appeal No. 411 of 1991 is filed by original accused Nos. 4 and 6 who were convicted under Sections 148, 452 and 302 read with 149IPC along with accused Nos. 1 to 6,7 to 10 and 13 and whose convictions and order of sentence have been confirmed by the High Court, Criminal Appeal No. 412 of 1991 is filed by original accused Nos. 8 and 10 whose conviction under Section 324 IPC only is confirmed by the High Court. Criminal Appeal No. 413 of 1991 is filed by the State as accused Nos. 1 to 3, 7 to 10 and 13 came to be acquitted by the High Court for the offences punishable under Sections 148, 302 read with 149 and 452 read with 149 IPC.

2. In all 14 accused were tried for committing murder of one Veerabhadram of Kamanchikal Village and causing hurt to his wife Saraswati, in the Court of the Sessions Judge Khammam, in Sessions Case No. 121 of 1988. It was the prosecution case that Village Kamanchikal is divided into two political factions. Veerabhadram belonged to the Communist Party of India and the accused belonged to the opposite faction CPI (M) and TDP. There were previous clashes between the two factions which had led to filing of criminal cases, and posting of a police party in that village. On 20.9.1987 at about 6 a.m. there was an attempt on the life of one P. Anantharamulu alias Babu, brother of accused No.1 and a member of the CPI (M) on the outskirts of that village but towards adjoining village Ramannapet. As a retaliatory measure A-1 along with A-2 to A-14 who belonged to CPI and TDP formed themselves into an unlawful assembly, the' common object of which was to cause death of Veerabhadram (hereinafter referred to as the deceased). Thereafter they went to the hut of the deceased armed with axes, knives, spears and sticks at about 7 a.m. Seeing this mob of the accused two daughters of the deceased who were sitting outside the hut alerted him. So he immediately bolted the door from inside. After reaching there, A-1, A-2, A-4, A-6 and A-8 broke open the door and went inside the hut while others remained waiting outside in the courtyard. The accused after entering the hut said that their party man was attacked and thereafter they by dragging the deceased took him out of the hut in the courtyard. All the accused then started beating the deceased. When Saraswati PW1 wife of the deceased tried to intervene she was beaten by the stick portion of their spares by A-8 and A-10. When PW3 Venkatalaxmi and other minor daughter Vijaya tried to save their father they were pushed away by A-1. When Venkatakrishnan PW2 and Aluri Raja PW5 pleaded for mercy and tried to intervene they were threatened with serious consequences. All the accused thereafter left that place believing that the deceased had died. At about 6.40 a.m. Prabhakar Rao, (PW 20) who was Sub-Inspector of Police and Incharge of Khammam Police Station, had received information regarding assault on Anantheramulu and the tense situation in the village. So he went to Ramannapet and reached there at about 6.45 a.m. He saw injured Anantheramulu being taken in an auto-rickshaw. So he directed them to take him to the Government hospital. He also came to know about the assault on the deceased. So he proceeded to village Kamanchikal reached the hut of the deceased at about 7 a.m. As he found that the condition of the deceased was serious he immediately arranged a rickshaw and sent him to the Government hospital at Khammam. He recorded his statement (Exh. P7) in the hospital at about 9 a.m. As the condition of the deceased continued to be serious his dying declaration (Exh. P5) was also recorded by the Munsif-Magistrate of Khammam at 10 a.m. The deceased died at about 10.45 a.m.

3. All the accused were accor