Horwill, J.

1. This is an appeal by the Crown against the acquittal by the Sessions Judge of Cuddapah of the three accused on a charge of murder, the Sessions Judge having found them guilty Under Section 326 only.

2. The events which brought about the killing of the deceased are simple. The brinjals of P.W. 2 were rooted up and his plough stolen. He made a complaint about this, and the accused, rightly or wrongly, thought that P.W. 2 had thrown suspicion on them. On his way home on the day of offence, while he was passing the house of the accused, they abused him. He consulted some of his castemen about this abuse, and decided to refer the matter to the elders of the caste. The accused apparently heard what was going on and knew of the decision. As P.W. 2 passed their house again and on his way to the house of the elders, the three accused rushed out of the house and attacked him, beating him severely with sticks. The deceased sister, hearing her brothers cries, came to the scene and asked the accused why they were beating her brother. They then turned from him and attacked her, each delivering a blow on her head with considerable force with the sticks they held in their hand