Judgment

Shah, J.—Short question in this appeal is whether some accused could be convicted for the offence punishable under Sections 325 read with 149, when all of them were charged for an offence punishable under Section 302 IPC. The appeal is filed against the judgment and order passed by the High Court of Judicature of Andhra Pradesh at Hyderabad in Criminal Appeal No. 1088 of 1992 by which the High Court reversed the judgment and order passed by the Additional Sessions Judge, Maha­bubnagar in Sessions Case No. 156 of 1992 acquitting the accused No. 1 to 6 for the offence punishable under Section 302 IPC and convicted the accused No. 1 for the offence punishable under Section 304 part II IPC, accused No. 2 for the offence punishable under Section 325 IPC; and accused No. 3 to 6 for the offence punishable under Section 325 IPC read with Section 149. At the time of admission, the appeal filed by the original accused No. 1 and 2 was dismissed, leave was granted to the accused No. 3 to 6 and they were ordered to be released on bail.

2. Before deciding the contention raised by the learned counsel for the parties, it would be necessary to narrate few facts. It is the prosecution story