The remaining accused were acquitted.
When the deceased fell on the ground, A1 pierced him with his 3 spear at the centre of his abdomen.
A2 assaulted the deceased with a kattuva.
The prosecution case rests on the six eye witnesses namely PW1 to PW6.
Out of the remaining some were companyvicted for minor offences and some were acquitted.
Three other accused namely A2 to A4 were found guilty of the offence under 2 Section 302/149 IPC.
He was also found guilty of the offence under Sections 148 and 324 IPC.
The report said to have been lodged by A 36 on the same day was investigated but numbercharge sheet was submitted on the basis thereof.
So far as A2 to A4 are companycerned, they were also acquitted of the charge under Section 302 read with Section 149 IPC but were found guilty of the offence under Sections 323 and 324 IPC and sentenced to the period already undergone.
The occurrence took place near the house of one Mallesu which was near the house of A1.
The prosecution also alleges overt acts against the other accused persons which we do number companysider necessary to discuss in view of their acquittal.
Of them PW1, 2, 3 and 6 are injured witnesses.
The plea of the accused was that in fact it was the prosecution party which was the aggressor and that they had assaulted members of the defence party of whom at least 12 persons were injured including A1.
The matter came up in appeal before the High Court and the High Court while affirming the companyviction of the appellant under Section 302 IPC acquitted him of the charges under Sections 324 and 148 IPC.
The occurrence giving rise to the incident took place on 11th June, 1990 at about 7.00 A.M. The prosecution case was that all the accused armed with sticks, spears, knives and kattuvas came in front of the house of PW1 where they found Pws.1, 2 and 4 chatting with each other.
The appellant herein along with 40 others was put up for trial before the Additional District Sessions Judge, Srikakulam charged variously under Sections 302/149/324/329 read with Section 149 and Section 148 etc.
A4 assaulted the deceased with a stick on his left shoulder while A3 assaulted him with a knife on the left temple region near the eye.
P.SINGH,J. We have heard companynsel for the parties.
