A.D.V.Reddy, J. - (1.) The appellant had been convicted by the Sessions Judge, Kurnool, of the offence under sections 147, Indian Penal Code and 302 read with 149, Indian Penal Code.
(2.) The case for the prosecution was that he along with four others formed themselves into an unlawful assembly on the night of 29th of July, 1969 at 11 P.M. at the tea stall of one Bangari Narsanpa, situated near Molagavalli Railway Station with the common object of causing the death of one Harijana Narasayya, a porter at Molagavalli Railway Station, and in pursuance of the said common object, committed the murder of the said Narasanna the same night.
(3.) The present accused was granted pardon under the provisions of section 337, Criminal Procedure Code and he was examined as a witness in Sessions Case No. 1 of 1969. That case ended in conviction inspite of this accused who was examined as a witness turning hostile and not conforming to his confessional statement. Thereafter on a certificate issued by the Public Prosecutor a fresh case was registered against the present accused and he came to be tried in Sessions Case No. 70 of 1969 and has been convicted of the offence under sections 147 and 302 read with 149, Indian Penal Code.;