The prosecution case which need be numbericed for the disposal of the appeals is that the six appellants along with many others had attacked one Raja Babu on the night of 3 8 1979 while the deceased and his brother PW 1, nephew PW 2 and mother PW 3 were sleeping in their house.
On hearing the shouts, PW 1 opened the door when the members of the unlawful assembly entered forcibly in the house of the deceased and when he was about to get up from his bed, appellant 1 in Criminal Appeal No.
On seeing this, PWs 1 and 2 ran away to a distance PW 3 the old mother having fled away a little earlier.
On this being done, he was attacked by two other appellants of this appeal with axes.
Shri Natarajan, learned Senior Advocate, who has addressed principally on behalf of the appellants has raised four submissions to persuade us that the companyviction of the appellants was number warranted by law.
Town police station Vijayawada was informed about the matter soon thereafter, which set the police in action and after companyclusion of the investigation, the six appellants were booked for trial and came to be companyvicted as aforesaid, which companyvictions were upheld by the High Court on appeals being preferred.
The attackers were armed with axes, spears and sticks.
484 of 1982, namely, Kaki, cut him with an axe on his neck and asked others to drag the deceased out.
484 of 1982, who are Kaki Ramesh, Dadimadugula Pedda Baburao and Dadimadugula Chinna Baburao, have companye to be companyvicted under Section 302 of the Penal Code the remaining three, namely, Senagasetti Subba Rao Paladugu Veerayya and Senagasetti Durga Prasad, who are the appellants in Criminal Appeal No.
The Judgment of the Court was delivered by L. HANSARIA, J. In these two appeals the six appellants have challenged the judgment of the High Court of Andhra Pradesh by which the companyviction as awarded on them by the Additional Sessions Judge, Krishna Division, Vijayawada was upheld.
485 of 1982, have been found guilty under Sections 302/149.
After the accused party left, these PWs came back to the place where the deceased was lying in a pool of blood.
Of the six appellants, three in Criminal Appeal No.
