BILAL NAZKI, J. ( 1 ) :a1 and A3 to a12 were acquitted of the offences under sections 148, 324, 326, 307, 302 and 302 read with Section 149 of IPC, which has resulted in filing of the appeal by the State and also a revision by P. W. 3 against the acquittal of the accused persons. We have heard the learned Counsel for the parties and gone through the record. Both the matters are being disposed of together. ( 2 ) THE prosecution levelled the allegations that Al and Ghattamaneni Venkat subbaiah and Singaiah being brothers partitioned their family properties. As a result of the partition Regula Chenu in S. No. 249/4, measuring 0. 95 cents along with some other properties fell to the share of ghattamaneni Venkata Subbaiah. He did not marry as he was suffering from leprosy, but brought his widowed sister Chirumamilla chinnamma and her sons Chirumamilla subba Rao and Chirumamilla Venkata subbaiah to look after him, as his brothers had neglected him. He settled his share in the properties in favour of the deceased chirumamilla Subba Rao and Chirumamilla venkata Subbaiah, brother of the deceased. This was not liked by A1 and his family members. Disputes arose between Al and his brother Ghattamaneni Venkata Subbaiah with regard to the house site. As the accused were interfering with the possession and enjoyment of the deceased and his brother over the properties, they filed a suit being o. S. No. 125 of 1989 before the Principal district Munsif Court, Kandukur and obtained temporary injunction in LA. No. 923 of 1989 against Al, A4, A5, A8 and A9. Al preferred an appeal being C. M. A. No. 2 of 1990 before the Sub-Court, Kandukur and status quo was ordered. As a result of the status quo order, the deceased and his brother who were in possession continued to be in possession of the property. A week prior to 29. 9. 1991 A1, A4 and A5 along the some others ploughed Regula Chenu and sowed pillipesara seeds in the absence of the deceased and his brother. On 29. 9. 1991 at about 7. 30 a. m. , when the deceased, Inturi sreenivasulu, Mundlamuri Malakondaiah, chirumamilla Venkata Subbaiah, Bulusu parvathalu, Ghattamaneni Subba Rao and ghattamaneni Venkata Subbaiah went with a tractor to plough Regula Chenu, at about 9. On 29. 9. 1991 at about 7. 30 a. m. , when the deceased, Inturi sreenivasulu, Mundlamuri Malakondaiah, chirumamilla Venkata Subbaiah, Bulusu parvathalu, Ghattamaneni Subba Rao and ghattamaneni Venkata Subbaiah went with a tractor to plough Regula Chenu, at about 9. 00 a. m. A1 to A13 having formed into an unlawful assembly, armed with deadly weapons, trespassed into the Regula chenu, picked up quarrel with Chirumamilla Venkata subbaiah and threatened him with dire consequences. A3 and A11 instigated other accused to do away with Chirumamilla venkata Subbaiah. A4 poured petrol on the tyre of the tractor and threatened that he will set it on fire. Then Ghatiamaneni Subba rao got down from the tractor and questioned. A1 to A3 and A6 came upon ghattamaneni Subba Rao to beat him. On witnessing this, the deceased interfered to save him. A2 and A3 beat him with kattuvapara on the head and back. A1 stabbed the deceased with a spear on his abdomen, twisted and pulled out. A1 again stabbed the deceased with the spear on the ribs, chest and on the body causing grievous injuries. The deceased fell on the ground. When Ghattamaneni Venkata Subbaiah interfered, A1 pushed him aside, A2 beat inturi Srinivasulu on his head and A11 beat him with a stick of Kattuvapara on his right knee causing injury. A1 poked with a spear thrice on the head of Chirumamilla Venkata subbaiah. A3 beat him with a stick portion of Kattuvapara on his right and left shoulders. A4, A5, A7, A8, A9, A10, All and A13 were also attributed with certain acts. On the basis of this story, it was alleged that one of the injured persons died and some others received injuries. After injuring some persons and killing one, all the accused fled away and the deceased was put in a double bullock cart by Inturi Sreenivasulu and bulusu Parvatalu and the deceased had breathed his last. Villagers had been informed about the incident. The injured were shifted to Government Hospital where Dr. V. Bose babuh, Medical Officer sent intimation to kandukur town police station. H. C. 356 visited the Government Hospital, recorded the statement of Inturi Sreenivasulu, registered a case in Cr. No. 55 of 1991 and transferred the case to Chundi police station on point of Jurisdiction. On receipt of a copy of F. I. R. Chundi police registered a case in Cr. H. C. 356 visited the Government Hospital, recorded the statement of Inturi Sreenivasulu, registered a case in Cr. No. 55 of 1991 and transferred the case to Chundi police station on point of Jurisdiction. On receipt of a copy of F. I. R. Chundi police registered a case in Cr. No. 44 of 1991. Inquest over the dead body of the deceased was conducted. Autopsy over the dead body was held. In the course of same transaction A1 to A5 and A8 also sustained injuries and on the basis of statement made by A8 a case in Cr. No. 45 of 1991 was registered. After completion of investigation charge-sheet was laid. ( 3 ) THE prosecution examined 18 witnesses and exhibited 27 documents. There was no evidence led by the defence. P. Ws. 1 to 8 were projected as eye-witnesses to the occurrence. ( 4 ) P. W. I is Inturi Srinivasulu. He stated that he knew all the accused and the deceased as well. The incident, according to him, took place more than eight years back. At about 8. 30 a. m. , when he was at his house, P. W. 3 Chirumamilla Venkata subbaiah came to him and asked him to come to Regula Chenu for ploughing the same with a tractor of Ghattamaneni Subba rao. They and Ghattamaneni Subba Rao, mundlamuri Malakondaiah, Bolusu parvatalu, Ghattamaneni Venkata Subbaiah went in the tractor to the fields. The land is located towards south-west at a distance of 2 kms from the village. They reached the site by 9. 00 a. m. While he was making preparations to plough the land with the tractor, all the accused came there. They were armed with spears, sticks and kathuvaparalu. A1 asked Chirumamilla venkata Subbaiah not to come to the land, as it belongs to him and he had also court orders. Mannam Veeraraghavulu said that the land belongs to them and abused them. A3 and A7 said that there was nothing to see and asked other accused to proceed. A4 threatened that he would pour petrol on the tractor and set it on fire. The tractor belongs to Gattamaneni Subbaiah and he questioned A4. A1, A2, A3 and A6 came upon Ghattama Subba Rao. The deceased ch. Subba Rao intervened and came to his rescue. A3 beat the deceased with a kathuvapara on his head. A4 threatened that he would pour petrol on the tractor and set it on fire. The tractor belongs to Gattamaneni Subbaiah and he questioned A4. A1, A2, A3 and A6 came upon Ghattama Subba Rao. The deceased ch. Subba Rao intervened and came to his rescue. A3 beat the deceased with a kathuvapara on his head. A2 beat him with a Kathuavapara on his back. A1 poked him with a spear on the right side of abdomen, twisted the spear and pulled back. A1 poked with a spear on the ribs, hands and chest of the deceased. The deceased fell down. The witness went to the rescue of the deceased, when A2 beat on his head with Kathuvapara and A11 beat him with Kathuvapara on his legs. He fell down. A-11, A8, A10, A4 and a5 beat with Kathuvapara and sticks on the body of Ghattamaneni Subba Rao indiscriminately. A1 poked with a spear on the head of Chirumamilla Venkata Subbaiah. A2, A3 and A14 beat him with sticks and kathuvapara indiscriminately on the body and shoulders. He also fell down. A6, A7, a8 and A9 beat Mundlamuri Malakondaiah with sticks indiscriminately. Bulusu parvathalu was also beaten. The witness did not see who beat him. The accused went away thinking that Chirumamilla Subba Rao had died. He and Bezwada Venkateshwarlu went and saw Chirumamilla Subbarao who received injuries. They carried him to double bullock cart and made him lie down. He breathed his last. He, Ghattamaneni subbarao, Chirumamilla Venkata Subbaiah, bolusu Parvathalu, Mundlamuri malkondaiah went to Government Hospital, kandukur in a tractor leaving the dead body of Chirumamilla Subbarao in the fields itself. In the fields of Pulivarthi Venkataih on the cart, the dead body was lying. They reached the hospital by 1. 00 p. m. They got treatment. There police examined him and recorded his statement Ex. P 1. He identified his signature. He stated that he did not know how A1 and other accused received injuries. ( 5 ) IT may, however, be mentioned here that as per Ex. P1-First Information Report, a2 and A-11 beat P. W. 1 with sticks on his head, but in the charge sheet it was alleged that A2 beat P. W. 1 with a Kathuvapara and a-11 beat him with a stick portion of kathuvapara on his right knee. ( 5 ) IT may, however, be mentioned here that as per Ex. P1-First Information Report, a2 and A-11 beat P. W. 1 with sticks on his head, but in the charge sheet it was alleged that A2 beat P. W. 1 with a Kathuvapara and a-11 beat him with a stick portion of kathuvapara on his right knee. The version given by him in the F. I. R. with regard to the overt acts of each of the accused has not been corroborated by his statement in the court. ( 6 ) P. W. 2 is Mundlamuri Malakondaiah. He stated that A6 to A10 beat him with kathuvaparas and sprinkled chilly powder into his eyes. Whereas according to Ex. P1, a7 to A9 beat him with sticks. A8 and A9 beat him with Kattuvapara sticks. As per charge sheet, A7 beat him with a stick, whereas A8 and A9 beat him with kattuvapara sticks. There was no mention in the charge- sheet with regard to the overt acts attributed to A6 and A10. ( 7 ) P. W. 3 is also an eye-witness. He stated that A1 poked him with a spear thrice on his head and beat him with a kattuvapara on his head. But as per charge-sheet, he was beaten with a spear only. In Ex. P1 it was alleged that A1 to A3 and a13 beat P. W. 3 with sticks and caused injuries on the head and body. The Trial court, while examining the evidence of p. W. 3. stated, "according to PW. 4, A1 beat with a spear on the head of PW. 3. A2, a3 and A13 beat with sticks of Kattuvaparas. As per evidence of P. W. 6, A1 beat with spears and A2 and A13 beat with kattuvaparas on the head of P. W. 3. As per evidence of P. W. 8, A1 poked with spear on the head of P. W. 3. A2 and A3 beat with Kattuvaparas. He did not mention about A13. As per evidence of P. W. 14, medical Officer and Exs. P9 and P10, P. W. 3 received eight injuries with spear and stick, but as per evidence of P. W. 3 he was beaten with Kattuvaparas and spear. Thus the witnesses gave three types of versions with regard to weapons used. He did not mention about A13. As per evidence of P. W. 14, medical Officer and Exs. P9 and P10, P. W. 3 received eight injuries with spear and stick, but as per evidence of P. W. 3 he was beaten with Kattuvaparas and spear. Thus the witnesses gave three types of versions with regard to weapons used. " Therefore, the versions given by P. W. 3 also creates doubts about the overt acts attributed to different accused persons. ( 8 ) STATEMENTS of all the witnesses have been discussed by the Trial Court in detail. None of the witnesses has given on account of overt acts by which they could corroborate with each other s evidence. PWs. 1 to 8 were projected as eye-witnesses, but they have not even corroborated the statements of each other with regard to the overt acts attributed to different accused. These are the discrepancies with regard to the overt acts having been attributed to different accused persons by witnesses.