- (1.) Basaveni Ravi (A-5) and Marri Rajkumar (A-8) are the appellants. They are aggrieved by the judgment and order passed by the High Court in Criminal Appeal No.883 of 2005, dated 24.12.2007, whereby and where under the High Court has confirmed the judgment and order passed by the Ld. Sessions Judge in Sessions Case No.200 of 2001, dated 29.04.2005.
(2.) The circle Inspector of Police, Mandamarri had filed charge sheet against 9 accused in all before the Trial Court for the offence under Sections 148 and 302 read with Section 149 of the Indian Penal Code, 1860("IPC" for short) for having assaulted and killed the deceased Kumara Swamy, S/o.Gajji Komuramma (P.W.1).
(3.) Before the trial court the prosecution had examined in all 23 witnesses, including P.W.1, who is the sole eye-witness of the entire incident. In her evidence before the Trial Court, she has categorically admitted that A-9 was not present on the date of the incident. The Trial Court, taking into consideration the evidence of the prosecution witnesses,(P.W.1 and P.W.2) has acquitted A-1 and A-3 apart from A-9, on the ground that both the aforementioned witnesses had not identified the presence of A-1 and A-3. However, it has convicted A-2 and A-4 to A-8 for the offence noted earlier. This conviction was primarily based on the evidence of P.W.1, who is said to be the eye-witness of the entire incident.;