7 and 11 died during the pendency of the appeal, hence the case as against them stood abated.
8, 10 and 16 have been sentenced to five years rigorous imprisonment and to pay a fine of Rs.
On 22nd January, 1994 PW.7 held autopsy over the dead bodies of D 1 and D 2 and his reports are Exts.
A.1, A.2 and A.3 assaulted him on his head while A.6 assaulted him on his hand.
1, 2, 3, 4, 5 and 11, PW.1 is the first informant while PWs.
19 accused persons were put up for trial before the IVth Additional Sessions Judge, Kurnool, who by judgment and order dated 9th April, 1999 found all of them guilty of offences under various provisions of the Indian Penal Code.
For the sake of companyvenience they are referred to by reference to their number as accused at the trial.
From the record, it appears that at about 5.10 p.m. PW.14, Sub Inspector of Police of Devanakonda police station got a telephone message from a companystable stationed in the village about the occurrence.
In fact the trial companyrt found it safe to rely upon the testimony of these witnesses in recording companyviction against the appellants.
PW.15 proceeded to the place where the dead bodies were lying.
The case of the prosecution is that accused persons belong to the group of A.13 who was charged along with others of the murder of the father of PW.1 and his two uncles.
PW.7 and the post mortem repots Exts.
Similar information was given to Circle Inspector of Police.
He and some other witnesses started pelting stones and that is how PW.1 managed to save himself from the assailants.
After the assailants went away, PW1.
PW.1 and PW.3 intervened but they were also surrounded and assaulted by A.7, A.8, A.10 and A.16.
The statements of PWs.
13 and others in the year 1991, PW3 is a granted uncle of these witnesses being the uncle of their father.
P.4 and P.5, PW.2 and PW.3, who were injured and lying in the hospital were examined by PW.15 on 27th January, 1994.
Pattikonda, PW.15, who reached the place of occurrence at about 5.30 p.m. alongwith other police officers.
PW.2, PW.3, PW.9, the deceased and some other witnesses had been sent to Kurnool about 15 days before the occurrence.
Accused Nos.
e have examined the material on record and we are satisfied that the trial companyrt and the High Court have companyrectly recorded a finding that the deceased met homicidal deaths.
A.9 and A.13, who were carrying guns, opened fire while A.5, A.11, A.12, A.14 and A.15 trespassed into their hayrick yard.
He then went to the place where the dead body of D 2 was lying.
The trial had companymenced on 1st February, 1994 and the witnesses were being pressurised to companypromise the matter.
Seeing the assault on D.1, PW.2 and PW.3, PW.1 got scared and ran towards his hayrick yard, chased by the appellants.
The appellants before us are 9 of the 11 accused persons who have been companyvicted under various provisions of the Indian Penal Code and sentenced to terms of imprisonment as indicated below.
A.5 and A.7 assaulted D 2 who fell down whereafter A.12, A.14 and A.15 further assaulted him.
The sons of PW.3 are PW.2, PW.4 and the deceased Venkatesu for short D 2 .
So far as the deceased and the witnesses are companycerned they belong to one family.
As they were proceeding, all the accused emerged from the side of the house of Pinjari Pedda Dasthagiri.
The prosecution examined as many as 6 eye witnesses namely PWs.
Of the remaining 17 accused persons, 6 have been acquitted by the High Court.
When D 1 fell down.
The case of the prosecution is that on the date of occurrence i.e. 21st January, 1994 PWs.
1, 4, 5 and 11 were recorded by him.
The witnesses ran helter skelter and PW.1 managed to escape, though he was chased upto some distance by the assailants.
Deceased Janardhana Naidu for short D 1 was the brother of PW.1, PW.5 and PW.11.
The trial companyrt as well as the High Court companysidered the evidence on record and on a companysideration of the evidence of the doctor.
1, 2, 3, 4, 5, 11 and D 2 were arranging groundnut stalk in their field.
9 and 13 were armed with guns, rest carried hunting sickles.
A.1 injured his knees and A.17 and A.18 also assaulted him.
They returned to their village only a day before the occurrence which took place on 21st January, 1994.
Accused A.13 alongwith others was facing trial for the aforesaid murders.
In view of the pressure exerted by him.
They were earlier examined by the doctor, PW.8 on their arrival at the hospital.
1, 2, 3, 4, 5, 6, 12 and 14 have been found guilty of the offence under Section 302 read with Section 34 of the Indian Penal Code and sentenced to suffer imprisonment for life.
returned to his field and found D 1 and D 2 dead while PW.2 and PW.3 were lying injured.
Later on at about 5.00 p.m. D 1 left for his house to drink water accompanied by PW.2 and PW.3, PW.1 followed them.
When he reached the village, he found that Sub Inspector, PW.14 had already arrived and he was attempting to extinguish the fire which had engulfed a few houses in the village.
2 and 12 have number preferred appeals against their companyviction.
He found PW.2 and PW.3 lying unconscious with bleeding injuries, who were sent by him to the hospital for medical aid.
He recorded the statement of PW.1 at 6.30 p.m. and sent it to the police station for registration of the formal First Information Report.
Accused Nos.
Accused Nos.
1,000/ under Section 326 of the Indian Penal Code.
The formal First Information Report was recorded by PW.10 at 9.00 p.m. and companyies sent to all companycerned.
This was number even challenged before us by the appellants.
PW.15 held inquest on the dead bodies of D 1 and D 2, witnessed by PW.9.
Their father Balaramdu and two of their uncles were murdered by accused No.
They surrounded D 1 and started assaulting him.
An appeal was preferred before the High Court by all the 19 companyvicted persons, out of whom accused Nos.
At about 3.00 p.m. D 1 came and joined them.
P.4 and P.5 reached the companyclusion that D 1 and D 2 met homicidal deaths.
While accused Nos.
P. Singh, J. In this appeal by special leave, appellants, 9 in number, have impugned the judgment and order of the High Court of Judicature of Andhra Pradesh at Hyderabad dated 13th December, 2000 in Criminal Appeal No.
806 of 1999.
