M.K.MUKHERJEE, S.SAGHIR AHMAD
B. Subba Rao – Appellant
Versus
Public Prosecutor, High Court of Andhra Pradesh – Respondent
JUDGMENT
Mukherjee, J.- This appeal under Section 2 of the Supreme court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970 read with Section 379 of the Code of Criminal Procedure, 1973 is directed against the judgment and order dated December 31, 1992, rendered by the Andhra Pradesh High Court in Criminal Appeal No. 256 of 1991 whereby it reversed the order of acquittal recorded in favour of the seven appellants herein by the Sessions Judge, Ongole in respect of charges under Sections 148 and 302/149 IPC and convicted them thereunder. The gravamen of the charges was that on February 26,1988 at or about 6.30 P.M. the appellants (who were arrayed as A-1, A2 and A-4 to A-8 respectively in the trial Court and hereinafter will be so referred to) along with A-3 (who died during the pendency of the trial), formed an unlawful assembly in the office of the Mandai Revenue Officer, Peda Cherlopalli ('P.C. Paili' for short) village armed with deadly weapons with the common object of committing he murder of Nalluri Thirupathaiah of village Merella and in furtherance of that common object did commit his murder. The charges were based on the following prosecution case:
2. (a) A-1 to A-5,
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