R. C. Lahoti, J. - (1.)Leave granted in SLP(Cri.) No. 2899/01.
(2.)Mohd. Yakub alias Pedda Yakub (accused No. 4) and Nelluri Kondalu alias Maliyadri (accused No. 6) have both been held guilty of the offence punishable under Section 302, I.P.C. as also under Section 148, I.P.C. Each of them has been sentenced to imprisonment for life under Section 302, I.P.C. and rigorous imprisonment for one year under Section 148, I.P.C. The two accused have preferred two appeals by special leave.
(3.)There were eight accused persons before the Sessions Court tried on charges under Sections 302, 147 and 148, I.P.C. Accused Nos. 7 and 8 were charged under Section 304-II/149, I.P.C. During the trial accused Nos. 2 and 5 died and the trial proceeded against six accused persons only. Four accused other than the two before us, have not challenged the judgment of the High Court. We are therefore concerned with dealing the cases of two accused persons only.