Motilal B.Naik, J. - (1.) This appeal is directed against the decision of the II Additional Sessions Judge, Guntur in S.C.No. 925 of 1994 dated 3-2-1998.
(2.) Originally, 5 accused were tried by the learned Sessions Judge and on a full length trial, A-2 was acquitted from all the charges and A-1, A-3 and A-5 were found guilty of various charges and were sentenced by the Sessions Judge for the said charges. Hence this appeal by A-1, A-3 to A-5.
(3.) All the accused were charged on the following seven Counts. "Firstly:-That A-1 to A-5 of you on 14th day of April, 1994 at 7 p.m. at Seethamma Colony Center, Guntur, were members of an unlawful assembly and did in prosecution of the common object of such assembly to wit to do away with Venkayalapati Errababu and his family members committed the offence of rioting and that time, were armed with deadly weapons to wit - knives and thereby committed an offence punishable under Section 148 of the Indian Penal Code and within my cognizance. Secondly:- That A-1 and A-2 of you on the above said date, time and place and during the course of the same transaction as mentioned in charge No. 1 above, did an act, to wit - A-1 of you stabbed Venkayalapati Errababu (L.W.1) with knife on right groin and A-2 of you stabbed the said Errababu with knife on right ankle and also on left ankle, with such intention and under such circumstances, that if by that act you had caused the death of the said Venkayalapati Errababu, you would ha ve been guilty of murder and that you thereby committed an offence punishable under Section 307 of the Indian Penal Code and within my cognizance. Thirdly:- That A-5 of you on the above said date, time and place and during the course of the same transaction as mentioned in charge No. 1 above did an act to wit stabbed Katikala Chittemma (L.W.2) with knife at right upper arm with such intention and under such circumstances that if by that act you had caused the death of the said Katikala Chittamma you would have been guilty of murder and that you thereby committed an offence punishable under Section 307 of the Indian Penal Code and within my cognizance. Fourthly:- That A-4 of you on the above said date, time and place and during the course of the same transaction as mentioned in charge No. 1 above, did an act, to wit - stabbed Yanabarla Prakasam (L.W.3) with knife on right abdomen with such intention and under such circumstances, that if by that act you had caused the death of the said Yanabarla Prakasam you would have been guilty of murder and that you thereby committed an offence punishable under Section 307 of the Indian Penal Code and within my cognizance. Fifthly:- That A-4 of you on the above said date, time and place and during the course of the same transaction as mentioned incharge No. 1 above, voluntarily caused by means of a knife which is an instrument if used as weapon of offence is likely to cause death and that you thereby committed an offence punishable under Section 324 of the Indian Penal Code, and within my cognizance. Sixthly:- That A-3 of you on the above said date, time and place and during the course of the same transaction as mentioned in charge No. 1 above, did commit murder by intentionally causing the death of Venkayalapati Rojamma, W/o Errababu by stabbing her with knife on her chest with force and that you thereby committed an offence punishable under Section 302 of the Indian Penal Code and within my cognizance. Seventhly:- That A-1, A-2, A-4 and A-5 of you on the above said date, time and place and during the course of the same transaction as mentioned in charge No. 1 above, were members of an unlawful assembly and in prosecution of the common object of which viz., to do away with Venkayalapati Errababu and his family members, A-3 of you committed the offence of murder by intentionally causing the death of -Venkayalapati Rojamma, W/o Errababu by stabbing her with knife on her chest, which you know likely to be committed in prosecution of the common object of the said assembly and you are thereby under Section 149 of the Indian Penal Code guilty of committing the said offence punishable under Section 302 of the Indian Penal Code and within my cognizance".;