Arijit Pasayat, J. - (1.) Challenge in this appeal is to the judgment of the Division Bench of the Andhra Pradesh High Court confirming the conviction of the appellant for offences punishable under Section 302 of the Indian Penal Code, 1860 (for short IPC, so far as the appellants 1 to 7 are concerned. The others have been convicted for offence punishable under Section 302 read with Section 149, IPC.
(2.) Originally, there were 57 accused persons. Some of them were acquitted by learned Sessions Judge, Vizianagaram. The present appeal is filed by accused Nos. 1 to 7, 8, 12, 21 and 24, A1, A8, A12, A21 and A24 were convicted for homicidal death of Appalasamy (hereinafter referred to as D1). Al and A7 were convicted for causing death of Appallanaidu (D2).
(3.) Prosecution version as unfolded during trial is as follows : Accused party belongs to a particular political party. Prosecution party belonged to another political party. On 29-1-2000 around 6.30 a.m., all the accused persons A1 to A57 came in a mob to the house of D-2 Appalanaidu and attacked him with dangerous weapons. Then they went to D-1s house and attacked him. Thereupon they went round the village and attacked the Congress Supplorters P.W.4 to P.W. 33. P.W. 1 Potnuru Laxminarayana the wife and P.W.2 son of D-2, are eye-witness for the attack on D-2. P.W.3 wife of D-1, is the eye-witness to the death of D-1. The motive for the attack is that a love letter was sent by son of A-47 to a girl, who was a relative of D-2. Due to this there was a clash between the two groups. A case and counter-cases were registered as Crime Nos. 11 and 12 of 2000. Both the parties were arrested. Thereafter there was rumour that one person of the accused group was killed. So the entire mob of the accused group came and attacked D-l, D-2 and others. All the injured persons were taken to Hospital at Gajapathipuram. P.W.53 Sub-Inspector of Police went to the hospital and recorded the statement from P.W. 1. The case was registered as Crime No. 13 of 2000 for various offences including Section 307 of IPC. On 31-1-2000, D-1 died. On 10-2-2000, D-2 died. Case was altered to Section 302, IPC. P.W. 53 Inspector of Police took up the investigation. After investigation, charge-sheet was filed against A1 to A57 for various offences including Section 302, IPC. The Trial Court acquitted some of the accused persons and convicted A1 to A7 for offence punishable under Section 302, IPC and some other accused for the offence punishable under Section 302 read with Section 149 for causing death to D-2 Appalanaidu. Trial Court convicted A-1, A-8, A-12, A-21 and A-24 for offence punishable under Section 302, IPC and some other accused for offence under Section 302 read with Section 149 for causing death of D-1 Appalasamy. Other accused were convicted for the offences punishable under Sections 148, 325, 323, 452 for the individual offences in respect of the injuries inflicted on the witnesses. However, in appeal the High Court acquitted the accused persons in respect of Section 302 read with Section 149 holding that there was no common object. The High Court confirmed the conviction for the offence under Section 302, IPC as against A1 to A7 for causing death of D-2 and as against A1, A8, A12, A21 and A24 in respect of death of D-l. Hence the appeal by these 11 appellants. ;