Somasundaram, J.-The six appellants were tried by the Sessions Judge of Kurnool on three charges:

(1) for an offence under section 148, Indian Penal Code, against all the appellants;

(2) for an offence under section 302, Indian Penal Code, against the first accused only, for having caused the death of one Pedda Venkatanna;

(3) for an offence under section 302 read with section 149, Indian Penal Code, against accused 2 to 6.

All of them have been found guilty under section 148, Indian Penal Code, for which they were sentenced to two years rigorous imprisonment each. The first accused was found guilty under section 302, Indian Penal Code, and sentenced to transportation for life. The other accused were acquitted of the offence under section 302 read with section 149, Indian Penal Code, but convicted under section 324 read with section 149, Indian Penal Code and they were each sentenced to two years rigorous imprisonment. The sentences were made to run concurrently.

This occurrence is said to have taken place on the 16th day of June, 1950, some time between 5 and 6 p.m. On that day there was a panchayat in the village to settle a dispute between one Rosigadu of Yadaralla and his wife who belonged to the village of Allugundu, where the occurrence took place. The panchayat consisted of P.W. 1, P.W. 2, the six appellants and three other persons from the neighbouring hamlet of Mallepalle. After the panchayat was over, they were sitting in the pial when P.W. 3, the father of the deceased, returned from the fields taking the cattle to the shed. It appears one of the bulls trod on Ellammal, the wife of the fourth accused in the case and so she abused P.W. 3. P.W. 3 retorted. The fourth accused who was sitting on the pial took up the cause of his wife and it is said that he kicked P.W. 3 and P.W. 3 fell down. Then P.W. 1 who was there went to his rescue and thereupon the other accused who were there took the cart poles and started beating the prosecution party. It may be mentioned here that the first accused has married a sister of the fourth accused; accused 1 to 3 are brothers; the fifth accused is the paternal aunt’s son of accused 1 to 3; and the sixth accused is said to be a friend of accused 1 to 5. According to the evidence now given in Court, the fifth accused is said to have beaten P.W. 1 on his neck with a cart pole. The first accused raised the cart pole to beat him on his head but when he put forth his hands the blow fell on the hands. Accused 2 and 3 are said to have beaten him on his back with cart poles and the fourth accused beat him on the head with a cart pole. The first accused is said to have further beaten P.W. 3 also on his hand. When P.W. 2, the younger brother of P.W. 1, came to lift P.W. 3 the eldest brother, the sixth accused is said to have beaten him with a cart pole. While this beating was in progress the deceased who is the son of P.W. 3 came running and asked the accused why they are beating the old people. Thereupon, the accused are said to have shouted out that they were waiting only for him; and the first accused is said to have beaten the deceased on his right temple with a cart pole. He fell down. All the accused are said to have then beaten him. The persons there shouted that he was dead and therefore the accused are said to have run away from the scene.

After the accused left, P.W. 1, finding that his. brother’s son had become unconscious went to the village munsif and gave a statement which is Exhibit P-1 in the case. That contains substantially the present version of the prosecution, except that he did not mention that accused 2 to 6 also beat the deceased with sticks. The village munsif came to the scene and finding the deceased in a precarious condition put him in a cart and sent the other three brothers P.Ws. 1 to 3 also who were injured in another cart to the police station at Veldurthi which is said to be between 6 and 8 miles from Allugundu. On the way Pedda Venkatanna (deceased) died. They reached

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