Arijit Pasayat, J. - (1.) Three persons including present appellants, who were accused Nos. 2 and 3 faced trial by learned Sessions Judge, Krishna Division at Machilipatnam for allegedly having caused homicidal death of one Parasachinna Ramababu (hereinafter referred to as the deceased). All the accused persons and the deceased who were closely related were in hostile terms on account of property dispute. The prosecution claimed that the appellants snuffed at deceaseds life.
(2.) Accusations while led to trial of the accused persons are as follows : There was enmity between the accused and the deceased. Though elder members of the community tried to settle the dispute there was no permanent solution. On 16-8-1997 accused-Parasa Satyanarayana (A-1) removed the stones at the boundary of the disputed land. Parasa Mohan Rao (P.W. 1) and his sons visited the place and chastised the accused and their father for their undesirable behaviour. This led to further animosity. On 19-8-1997, the fateful day, three accused persons along with their father came to the house of P.W. 1 and picked up quarrel. A-1 tried to Back P.W. 1 with a knife. But he warded off the stroke with the stick. Parasa Ghaneswara Rao and Parasa Venkateswara Rao and O. Gitchaiah protested and questioned the accused persons about their behaviour. Accused persons left the place. Subsequently, at about 10.45 a.m. deceased was returning to his house. As he reached near a shopping complex, all the accused persons in furtherance of their common intention murdered the deceased. Paras Raja Manikyala Rao-appellant No. 1 (A-2) caught his right hand and Parasa Raja Govind Rajulu-appellant No. 2 (A-3) caught his left hand. The deceased was practically immobilized. Taking advantage of this, Parasa Satyanarayana (A-1) gave various blows on the neck, back and the abdomen with the knife in a gruesome manner and even separated his head from the body. After doing so, A-1 carried the severed head and threw it at some distance. The ghastly attack was witnessed by Parasa Mohana Rao (P.W. 1), Parasa Veeramma (P.W. 2), Parasa Yesoda Rao (P.W. 3) and Parasa Ganeswara Rao (P.W. 4). Information was lodged at the police station immediately. Investigation was undertaken and subsequently accused persons were arrested. On completion of investigation, charge-sheet was placed. While A-1 was charged with commission of offence punishable under S. 302 of the Indian Penal Code, 1860 (for short the IPC) other accused persons were charged for commission of offence punishable under S. 302 read with S. 34, I.P.C. 13 witnesses were examined to further the prosecution version. Accused persons pleaded innocence and claimed trial. On consideration of the evidence of the witnesses the trial Court found that A-1 was guilty of offence punishable under S. 302, I.P.C., but found the present appellants to be not guilty by giving benefit of doubt. Matter was carried by the State in appeal before the High Court which by the impugned judgment found them guilty. The High Court held that they were guilty of offence punishable under S. 302 read with S. 34, I.P.C. and each one was to undergo life imprisonment. The appeal filed by A-1 was dismissed.
(3.) It is submitted that A-1 has not preferred any appeal, but present appellants have questioned the reversal of their acquittal to conviction by the High Court.;