Sharfuddin Ahmed, J.-

The respondents, ten in number, hereinafter called the accused were charged for offences punishable under sections 147, 148, 302 read with section 34 or 149, 326, 324, 323 read with sections 34 or 149 and 426, Indian Penal Code and under section 19(a) of the Indian Arms Act before the Additional Sessions Judge, Masulipatnam in Sessions Case No. 19 of 1962. It was alleged that having constituted themselves into an unlawful assembly with the common object of resisting any attempt on the part of the prosecution witnesses to remove a bund, the accused inflicted injuries on the prosecution witnesses and caused the death of three of them by the use of fire arms, while the latter attempted to remove the bund.

The dispute relates to the cross-bunding of a portion of a small tank known as Gabbilalakunta in Surampally village, which as formerly a Mokhasa village lying in the Zamindari of Mirzapuram. A-1 to A-4 are Mukhasadars, i.e., sharers in the Mukhasa which has been acquired by the Government in 1950. They have wet cultivation on the south of the said Kunta. In Government records for some time this Kunta was registered as ‘A’ Register Poramboke and there is no controv

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