P. S. NARAYANA, J. ( 1 ) THIS Criminal Appeal is preferred by a-1 and A-2 who were convicted under section 304 Part-l of the Indian Penal Code (for brevity ipc ) and sentenced to undergo rigorous imprisonment for six years and also to pay a fine of Rs. 500/-, in default to suffer simple imprisonment for one month. ( 2 ) THE learned Sessions Judge, Nellore division, Nellore, in Sessions Case No. 62 of 1994, dated 27-11-1998, recorded the evidence of P. Ws. 1 to 18 and D. Ws. 1 to 5 and marked Exs. P-1 to P-23 and Ex. D-1 and m. Os. 1 to 7 and recorded acquittal of A-3 to a-6 for want of evidence. But, however, found guilty A-1 and A-2 under Section 304 Part-1 ipc. ( 3 ) SRI Sreenivasa Reddy, learned counsel representing the appellants had pointed out to the defence evidence available on record and would contend that the scene of offence itself is doubtful. The learned counsel also would further submit that the evidence available on record is not trustworthy and the learned Judge having disbelieved the version of the prosecution in relation to the other accused should have given benefit of doubt to A-1 and A-2 also. The learned counsel also had pointed out to the evidence of p. W. 15 who deposed that there is a possibility that the patient might have died due to jaundice. The learned counsel also drew the attention of this Court to the evidence of p. W. 10. Wherein P. W. 10 deposed that while they were proceeding from Gudur to madras in a car, the injured was attending to answering calls of nature by himself and the injured was in a good condition while he was at Madras hospital. The counsel would submit that in the light of this evidence, it cannot be said that the ingredients of Section 304 part-l IPC are attracted and at the best, this may fall under Sections 326 IPC. The learned counsel would make it clear that the submission is being made by him, only in the alternative, in the event of this Court coming to the conclusion that the guilt of the accused is otherwise proved in the light of the evidence available on record. The learned counsel would make it clear that the submission is being made by him, only in the alternative, in the event of this Court coming to the conclusion that the guilt of the accused is otherwise proved in the light of the evidence available on record. ( 4 ) PER contra, the learned Additional Public prosecutor had taken this Court through the evidence available on record and had submitted that taking the over all facts and circumstances into consideration and on appreciation of evidence, no doubt acquittal had been recorded as against the other accused but since evidence is available as against A-1 and A-2, conviction had been recorded and hence the said findings need not be disturbed in any way. The learned additional Public Prosecutor also had explained the evidence of P. W. 15 who deposed in his re-examination, that if there is any disease he can find out at the time of postmortem examination and he had not tested to know whether there is any jaundice. The learned Additional Public Prosecutor would conclude that in the light of this evidence available on record, the conviction and sentence are to be confirmed. ( 5 ) HEARD both the counsel. ( 6 ) THE Inspector of Police, Vakadu, filed a charge sheet as against A-1 to A-6 for an offence under Sections 147, 148, 302 read with Section 149 and 114 IPC in Crime no. 70 of 1992 of Kota Police Station. ( 7 ) THE case of the prosecution is that the accused, deceased Rayapu Veeraswamy and P. Ws. 1 to 7 and 10 belong to Kota harijanawada within the limits of Kota Police station. There are disputes between Rayapu veeraswamy and the accused regarding Anti arrack Agitation. The deceased Veeraswamy obtained licence and selling arrack at R. T. C. bus-stand in Kota village. On 1-12-1992 the accused went to the arrack shop of veeraswamy and threatened him to remove the arrack shop otherwise they would kill him. On 2-12-1992 at 12. There are disputes between Rayapu veeraswamy and the accused regarding Anti arrack Agitation. The deceased Veeraswamy obtained licence and selling arrack at R. T. C. bus-stand in Kota village. On 1-12-1992 the accused went to the arrack shop of veeraswamy and threatened him to remove the arrack shop otherwise they would kill him. On 2-12-1992 at 12. 30 hours veeraswamy proceeded to his house on cycle and was keeping the cycle on the stand and at that time, A-1, A-2, and A-4 to A-6 emerged out of the house of A-3 and went upon Veeraswamy crying aloud and A-5 caught hold of Veeraswamy to kill him and then A-1 stabbed the deceased on both sides of abdomen and then A-2 threw down the stick which he was having and took spear from A-1 and stabbed on the left thigh and a-6 was standing nearby. A-3 was crying aloud to stab intestines emerged out from left side hole injury caused by A-1 with knife. In the meanwhile, P. Ws. 1 to 4 and one Suri subbaiah witnessed the occurrence. The deceased Veeraswamy tried to enter into his house and fell down and later P. W. 6 and others shifted the deceased Veeraswamy to the Government hospital, Kota and on the advice of the doctor, the deceased was taken to the Government Hospital, Gudur by p. W. 7 in his taxi, where P. W. 14 treated him and sent intimation to Gudur-l Town Police station. On that P. W. 11 reached Government hospital, Gudur and recorded the statement of the deceased Veeraswamy and registered the same as a case in Crime No. 90/92 of I town Police Station on point of jurisdiction. P. W. 16 U. Koteswara Rao, the Sub Inspector of Police, Kota Police Station registered the same as Crime No. 70/92 under Section 307 ipc, took up investigation, examined the witnesses P. Ws. 1 to 4, Suri Subbaiah and meejuru Subrahmanyam, injured veeraswamy, visited scene of offence, prepared rough sketch and seized blood stained earth and controlled earth under a cover of Panchanama in the presence of p. W. 12 and another. In the meanwhile p. W. 14 referred the injured Veeraswamy to the Headquarters Hospital, Nellore. But veeraswamy was shifted to Private Nursing home of P. W. 8, where P. W. 8 operated the injuries of Veeraswamy by inserting the protruded intestines on 6-12-1992 at 3. In the meanwhile p. W. 14 referred the injured Veeraswamy to the Headquarters Hospital, Nellore. But veeraswamy was shifted to Private Nursing home of P. W. 8, where P. W. 8 operated the injuries of Veeraswamy by inserting the protruded intestines on 6-12-1992 at 3. 00 p. m. P. W. 9 recorded the Dying Declaration of the deceased Veeraswamy on 2-12-1992 at 2. 30 p. m. On 6-12-1992 as the condition of veeraswamy was precarious, he was shifted to Sooriya Hospital, Madras where he was treated from 7-12-1992 and subsequently died on 9-12-1992 at 5. 25 p. m. On that the dead body of Veeraswamy was brought to his house at Kota by P. W. 10 who went to kota Police Station and gave a report about the death of Veeraswamy on 10-12-1992 at 2. 00 a. m. to P. W. 16. On that P. W. 16 altered the section of law into 302 Indian Penal Code and issued express First Information Report. Subsequently, P. W. 18tookupinvestigation, conducted autopsy (?) over the dead body of rayapu Veeraswamy in the presence of p. W. 12 and another and drafted Inquest report Ex. P-10 and sent the dead body to the Government Hospital, Kota where p. W. 15 conducted postmortem over the dead body of the deceased and issued Postmortem certificate Ex. P-15. On 17-12-1992 at about 10. 00 p. m P. W. 18 with the assistance of P. W. 16 arrested A-1, A-2 and a-5 in the presence of P. W. 12 and another and recorded their confession. Then A-1 and a-2 lead P. Ws. 18, 16, 12 and M. Ramana reddy to their hayrick heap and took out the spear and stick hidden in the heap and they were seized by P. W. 18 under a cover of panchanama. On 18-12-1992 at 6. 30 hours p. W. 18 arrested A-3, A-4 and A-6 at R. T. C. Bus stand, Gudur and sent all the accused to the judicial custody and after completion of investigation, he filed charge-sheet in the court of Judicial Magistrate of I Class, Kota. The same was registered as P. R. C. No. 8 of 1993 and the learned Magistrate committed the sa. The same was registered as P. R. C. No. 8 of 1993 and the learned Magistrate committed the sa. ne to the Court of Session and the learned Sessions Judge after recording the evidence, on appreciation of evidence, recorded an acquittal as against A-3 to a-6 and convicted A-1 and A-2 under section 304 Part-l IPC. ( 8 ) THE prosecution examined P. Ws. 1 to 18 and Exs. P-1 to P-23 and M. Os. 1 to 7 were marked. P. W. 1-Rayapu Kotamma is the mother of the deceased. P. W. 2-Rayapu koteswaramma is the wife of the deceased. P. Ws. 3 and 4 are the neighbours of the deceased. These are the eye witnesses to the incident. P. W. 5 Mattigunta subrahmanyam who speaks to the fact of a-1 and A-2 coming to him and asking him to prepare spear and accordingly, his preparing spear. After receiving labour charges of rs. 14/- and M. O. 4 is the said spear. ( 9 ) P. W. 6 is Dara Sreenivasa Rao a taxi driver who took the deceased Veeraswamy to Kota Government hospital and on the advice of the doctor they took him to the government hospital, Gudur. P. W. 7 is jorepalli Bhaskar who took the deceased from Government hospital, Kota to Gudur government Hospital in his taxi. P. W. 8 is dr. M. Ramanaiah who is running a private nursing Home at Gudur in the name and style of L. K. Nursing Home" where the deceased was admitted and he examined the deceased and issued certificate Ex. P-1 regarding the wounds and also given treatment to the patient and he also speaks to the fact of P. W. 9 the Sub Collector, Gudur coming to his hospital and recording the statement of the injured Veeraswamy and his certifying on the said Ex. P-3 Dying declaration under Ex. P-3 to the effect that patient the was conscious at the time of recording statement. P. W. 9 is the then Sub collector, Gudur who recorded the Dying declaration of the deceased Veeraswamy on 2-12-1992 on the requisition of the police at L. K. Nursing Home belonging to P. W. 8 and Ex. P-3 is the Dying Declaration recorded by him. P. W. 9 is the then Sub collector, Gudur who recorded the Dying declaration of the deceased Veeraswamy on 2-12-1992 on the requisition of the police at L. K. Nursing Home belonging to P. W. 8 and Ex. P-3 is the Dying Declaration recorded by him. P. W. 10 is Marri Gunnaiah who went along with injured Veeraswamy to Madras and admitted him in Sooriya Hospital, Madras and he speaks to the fact of death of veeraswamy in Sooriya Hospital, Madras and also obtaining death certificate Ex. P-4 and his giving it to Kota Police Station. P. W. 11 is V. S. Ram Babu who worked as sub Inspector of Police, Gudur l-Town Police station and he speaks to the fact of his receiving intimation from Government hospital, Gudur on 2-12-1992 at about 13. 00 hours and his recording the statement of the deceased under Ex. P-5 and Ex. P-6 is the hospital intimation and later his registering the case in Crime No. 90/92 under section 307 IPC at 14. 00 hours and his sending First Information Report to the concerned Court and a copy of First information Report to the Station House officer, Kota for investigation on point of jurisdiction and Ex. P-7 is the original F. I. R. P. W. 12 is K. V. Bhakthavatsalam the Village administrative Officer of Kota Village who is said to have been present at the time of inspection of scene of offence by the police and seizure of blood stained earth and controlled earth i. e. , M. Os. 6 and 7 in front of the house of the deceased Veeraswamy and drafting observation Mahazar Ex. P-8. He also speaks to the fact of police seizing m. Os. 1 to 3 at the hospital of P. W. 8 under mahazar Ex. P-9. He also speaks to the fact of his presence at the time of conducting inquest over the dead body of the deceased on 10-12-1992 by the police and his signing in the Inquest Report Ex. P-10. He also speaks about his presence on 17-12-1992 while the police arresting A-1 and A-2 and recovering M. Os. 4 and 5 at the instance of a-1 and A-2 and his signing in the mahazars es. P-11 and P-12 and Ex. P-11 is the Arrest mahazar and Ex. P-12 is the Seizure mahazar. P-10. He also speaks about his presence on 17-12-1992 while the police arresting A-1 and A-2 and recovering M. Os. 4 and 5 at the instance of a-1 and A-2 and his signing in the mahazars es. P-11 and P-12 and Ex. P-11 is the Arrest mahazar and Ex. P-12 is the Seizure mahazar. P. W. 13 is B. Vasudeva Rao who worked as Constable in Kota Police Station and he speaks to the fact of his carrying the dead body of the deceased along with P. C. 659 to the Mortuary Room at Bolireddipalem and after conducting postmortem, his handing over the dead body to the relatives of the deceased. P. W. 14 is Dr. L. Ramasubba reddy who examined the deceased veeraswamy on 2-12-1992 at 1. 30 p. m. and issued wound certificate Ex. P-13. He also speaks to the fact of his sending intimation to l-Town Police Station, Gudur under Ex. P-6 and also recording statement of the deceased by the police under Ex. P-5 and his giving endorsement Ex. P-14 on Ex. P-5 to the effect that the patient was conscious and was in a fit condition to give statement. P. W. 15 is Dr. B. K. Subba Rao who worked as Medical Officer in Government Hospital, kota speaks about his conducting postmortem over the dead body of the deceased on 10-12-1992 at 11. 00 a. m. and issuing Postmortem Certificate Ex. P-15. P. W. 16 is U. Koteswararao the then Sub inspector of Police, Kota Police Station, who speaks to the fact of his receiving copy of first Information Report on 2-12-1992 at about 16. 30 hours in Crime No. 90/92 under section 307 IPC of Gudur l-Town Police station and his re-registering the case as crime No. 70/92 under Section 307 IPC of kota Police Station on the point of jurisdiction and submitting express First Information reports to all the concerned officers. Ex. P-17 is the First Information Report and ex. P-16 is the report of P. W. 10 and he also speaks to the fact of his conducting investigation and seizure of M. Os. 6 and 7 under a cover of Mahazar Ex. P-8. Further, he also speaks to the fact of P. W. 10 coming to police station and handing over the Death certificate Ex. P-16 is the report of P. W. 10 and he also speaks to the fact of his conducting investigation and seizure of M. Os. 6 and 7 under a cover of Mahazar Ex. P-8. Further, he also speaks to the fact of P. W. 10 coming to police station and handing over the Death certificate Ex. P-4 and on that his altering section of law from 307 IPC to Section 302 ipc and Ex. P-18 is the altered First information Report and his submitting altered first Information Reports to all the concerned officers and he also speaks to the fact of his preparing rough sketch of scene of offence under Ex. P-19. P. W. 17 is Dr. T. R. Gopalam the then Consultant Surgeon in Sooriya hospital, Madras who speaks to the fact that one Veeraswamy was brought to the hospital at 1. 20 p. m. on 7-12-1992 after undergoing an operation at Gudur which was done on 2-12-1992 and he operated him on 7-12-1992 because of leaking of the intestinal fluids from the abdominal wall and he died on 9-12-1992 at 5. 25 p. m. and he issued death certificate Ex. P-4. P. W. 18 is N. V. Rama Rao the then Circle Inspector of Police, Vakadu who took up investigation in this case and he speaks about his investigation in this case and examining of witnesses in this case and also arresting of accused and also sending the properties to the Forensic Science laboratory, Hyderabad through Court under requisition Ex. P-20 and Ex. P-21 is the letter of advice and Ex. P-22 is the office copy of letter addressed by the Magistrate to the forensic Science Laboratory, Hyderabad and ex. P-23 is the Chemical Examiner s report and also filing of charge-sheet by his successor T. V. Sai Babu. ( 10 ) NO doubt other witnesses were given up by the prosecution. It is a case concerned with the anti arrack agitation P. W. 1 clearly deposed that on the date of incident, her son came from the arrack shop, which he was having at R. T. C. Bus Stand, Kota, on a cycle to her house for taking lunch at about 12 noon. All the accused armed with spears and sticks and came to her house from the house of A-3. At that time, her son was placing the cycle stand in front of her house. All the accused armed with spears and sticks and came to her house from the house of A-3. At that time, her son was placing the cycle stand in front of her house. A-1 stabbed her son with Barisa on the left side and right side of her son s abdomen. A-2 was holding a stick and threw the stick and took Barisa from A-1 and stabbed her son on the left thigh. A-5 caught hold of her son while A-1 and A-2 stabbing her son. A-3 instigated the accused to stab her son as he was still alive. A-4 hurled stones at herson. A-6 was standing at the scene. After hearing the cries, Suri subaiah, Rythu Seenaiah and Meejuru bujjamma came to the scene. After seeing the above persons, all the accused took the weapons left the scene of offence. Then they had taken her son to the hospital at Kota. On the advise of the doctor, they shifted her son to Government Hospital, Guduru and then shifted to Madras hospital and her son died seven days after the incident while he was undergoing treatment at Madras hospital. She also deposed about M. Os. 1 to 5. This witness also cross examined at length. P. W. 2 also substantially had deposed the same version and had corroborated the evidence of P. W. 1. No doubt in the evidence of P. W. 2, Ex. D-1 the portion of 161 Cr. P. C. statement was marked. The said Ex. D-1 reads as hereunder: "then to eke-out our livelihood we brought the Government arrack and installed a bunk at R. T. C. Bus-stand and selling it, in the name of Dara srinivasulu. ( 11 ) AS can be seen from the evidence available on record, it is not such a material contradiction. P. W. 3 also had supported the version of the prosecution. As deposed by p. Ws. 1 to 3, it is no doubt true that certain overt acts had been attributed to the other accused also like A-3, A-5, A-6 and others. But that portion of the evidence was disbelieved and the benefit of doubt was given so far as it relates to the other accused is concerned but as against A-1 and A-2 conviction was recorded. P. W. 5 was examined just to prove preparing of M. O. 4 spear on payment of labour charges of rs. 14/ -. But that portion of the evidence was disbelieved and the benefit of doubt was given so far as it relates to the other accused is concerned but as against A-1 and A-2 conviction was recorded. P. W. 5 was examined just to prove preparing of M. O. 4 spear on payment of labour charges of rs. 14/ -. ( 12 ) P. W. 6 deposed that himself, P. W. 1 and some others had taken Veera Swamy to kota Government Hospital. On the advice of doctor they had taken him to Gudur government Hospital and at Gudur government Hospital, first aid was given and they were advised to take Veera Swamy to nefore Government Hospital and they felt that his condition was serious and admitted him at Gudur in a private hospital. No doubt, he also was examined in relation to taking the injured Veera Swamy from Government hospital, Kota to Gudur Government Hospital in a taxi. No doubt, this witness says that police had not examined him. P. W. 8 deposed that he is running a private Nursing Home and deceased Veera Swamy was admitted in the hospital on 2-12-1992 at 2. 10 p. m. and he found the following external injuries:1. A penetrating stab injury on the left side of the abdomen with protruding small intestines from the wound. The intestines were torn and getting the blood drop by drop from the wound. 2. A penetrating stab injury on the right side of the abdomen directing towards inguinal region through the internal oblique muscles and another directing into the abdominal cavity. 3. Two small stab injuries communicating each other over the left lower part of the thigh above the knee joint. "this witness no doubt was cross examined at length. ( 13 ) P. W. 9 is the District Collector of prakasam District who previously worked as sub Collector at Gudur from 1992 to 1994 and at the request of police, he recorded the statement of Veera Swamy who was under going treatment. This witness deposed that he is not well proficient in writing Telugu but what all the injured Veera Swamy stated about the incident, he had recorded in English. P. W. 8 certified the consciousness and fitness of the injured at the time of recording of the statement. It is voluntary statement of the injured person. This witness deposed that he is not well proficient in writing Telugu but what all the injured Veera Swamy stated about the incident, he had recorded in English. P. W. 8 certified the consciousness and fitness of the injured at the time of recording of the statement. It is voluntary statement of the injured person. He did not obtain the signature or thumb impression of the injured Veera swamy. Ex. P-13 is the Dying Declaration of the injured Veera Swamy. This is the evidence of P. W. 9. ( 14 ) P. W. 10, no doubt deposed about the death of Veera Swamy at Surya Hospital, madras on 9-12-1992 and the issuance of death certificate to this witness after reaching kota, he delivered the death certificate in kota Police station. Ex. P-4 is the death certificate issued by Surya Hospital, Madras. This witness specifically deposed that he did not give any report in Thousand Light Police station at Madras. From Gudur to Madras, they went in a car. While proceeding from gudur to Madras, the injured was attending to answer calls of nature by himself. The injured was in a good condition and he did not entertain any suspicion that the deceased would be going to die and he cannot say why postmortem examination was not done at madras Hospital. ( 15 ) P. W. 11 is the Sub Inspector of Police who deposed about the details of investigation. P. W. 12 is the Village administrative Officer, who deposed about the observation Mahazar Ex. P-8 and seizure of M. Os. 1 to 3 and Ex. P-9 Mahazar in relation to seizure of M. Os. 1 to 3. This witness also deposed about Ex. P-10 Inquest report and also Ex. P-11 Arrest Mahazar and Ex. P-12 the seizure of Mahazar and seizure of M. Os. 4 and 5. P. W. 13 simply deposed that on 10-12-1992, the Circle inspector of Police handed over the dead body to him and P. C. 659 for postmortem examination and they had taken the body to the mortuary room. The doctor conducted postmortem and after postmortem, dead body was handed over to the relatives of the deceased. ( 16 ) P. W. 114 is the Civil Assistant Surgeon government Hospital, Gudur, who deposed that on 2-12-1992 at 1. 30 p. m. , he examined veera Swamy and found the following injuries:1. The doctor conducted postmortem and after postmortem, dead body was handed over to the relatives of the deceased. ( 16 ) P. W. 114 is the Civil Assistant Surgeon government Hospital, Gudur, who deposed that on 2-12-1992 at 1. 30 p. m. , he examined veera Swamy and found the following injuries:1. An incised wound on the left lumbar region 2" x 1" x entering onto the peritoneal cavity through which intestines were protruding out. 2. A lacerated injury over the right loin 1 x 1/2" x muscle deep. 3. Two incised wounds 3" above the left knee each 1 1/2" x 1/2" x muscle deep. I am of the opinion that the injury No. 1 is grievous and other injuries are simple in nature. The age of the injury is 1/2 hour to one hour prior to my examination. Ex. P-13 is the Wound certificate issued by me. " ( 17 ) THIS witness also deposed that he sent the injured (?) to I Town Police Station, gudur about the admission of Veera Swamy in the hospital. Ex. P-6 is the admission intimation. Police came to the hospital, recorded statement of Veera Swamy. He examined the injured and the patient was conscious, he was in a good condition to give a statement and he certified his fitness at the time of recording of the statement. Ex. P-14 is the endorsement made by him in Ex. P-5. Injuries noted in the Wound Certificate can be caused with a spear-M. O. 4. ( 18 ) P. W. 15 who conducted postmortem examination on the dead body of Veera swamy on 10-2-1992 at 11 a. m. and found the following injuries:1. An incised and sutured wound of 12" long medium size extending from xphisgastrium to supra public region. 2. An incised sutured wound 3" long oblique in position in left hypochondrium 2" below the left costal margin. 3. Incised sutured wound 112" long left iliac fossa. 4. Incised sutured wound 1" long right iliac fossa. 5. Incised and dressed wound 1 1/2" x 1 about 1" above the right anterior supra iliac spine. 6. An incised and dressed wound 1/2" long in the medial part of left inguinal legament. 7. An incised dressed wound 5" long transversely placed 4" above the left knee. 8. An incised and dressed wound of 1" long near medical skin deep near medical mallelous. 6. An incised and dressed wound 1/2" long in the medial part of left inguinal legament. 7. An incised dressed wound 5" long transversely placed 4" above the left knee. 8. An incised and dressed wound of 1" long near medical skin deep near medical mallelous. On internal examination I found Small intestines congestion at ileocaecal junction. There is end to end anastom- ousis with silk thread. Mucosal congested. Liver is yellowish in discolouration. Cut Section is also yellowish. All these injuries are antemortem in nature. I conducted P. M. examination 24 hours after the death of the deceased. The cause of the death to the best of my knowledge is shock due to haemorrhage in the intestines caused by stab injury. These injuries are sufficient to cause the death of a person in the ordinary course of nature. These injuries can be possible by m. O. 4 shown to me. Ex. P-15 is the p. M. Certificate issued by me. " no doubt in the cross examination, this witness deposed that there is possibility that the patient might have died due to jaundice. But in re-examination, this witness clarified that if there is any disease, he can find out at the time of post mortem examination, he had not tested to know whether there is any jaundice. The intestine injury is sufficient to cause the death of Veera Swamy. ( 19 ) P. W. 16 is the Inspector of Police who had deposed about details of investigation and also the preparation o,f rough sketch of scene of offence i. e. , Ex. P-19 and deposed about Ex. P-16 Report of P. W. 10. Ex. P-17 is the First Information Report in Crime no. 70 of 1992 under Section 307 IPC and this witness also deposed that after receiving the death intimation, the section of law was altered from Section 307 IPC to Section 302 ipc. Ex. P-18 is the altered First Information report. This witness also deposed about all the details of investigation. ( 20 ) P. W. 17 is the Associate Surgery professor, attached to Ramachandra Medical college, Porur, who deposed about the operation. P. W. 18 is the Circle Inspector of police, who had deposed about the details of investigation and filing of charge sheet. This is the evidence available on prosecution side. ( 20 ) P. W. 17 is the Associate Surgery professor, attached to Ramachandra Medical college, Porur, who deposed about the operation. P. W. 18 is the Circle Inspector of police, who had deposed about the details of investigation and filing of charge sheet. This is the evidence available on prosecution side. ( 21 ) D. W. 1 deposed that he is a resident of Kota and he knows all the accused, deceased and P. Ws. 1 to 7. The arrack agitation was there in their village. All the accused and this witness also had participated in the arrack agitation and all the residents of Harijanawada and the deceased and his wife P. W. 2, P. W. 1 participated in the arrack agitation. ( 22 ) D. W. 2 also deposed about arrack agitation and the deceased Veera Swamy died at R. T. C. Bus Stand in Kota. D. W. 3 also deposed about the same. ( 23 ) D. W. 4 also deposed that Veera swamy died at R. T. C. Bus Stand in Kota village. D. W. 5 deposed that he is the resident of Ballavolu village and except himself there is no other in his name in Ballavolu village and he had seen faces of the accused in Kota village but he had no acquaintance with the accused. In 1992 in the month of December police people did not come to his house. He has no land but he is doing agricultural cooly work, he had got a house and having site and there is a thatched wall around his house and no one had entered into his house without his knowledge. This witness also deposed that it is true to suggest that police seized M. Os. 4 and 5from Eduru Poliaah s house in Ballavolu village. ( 24 ) ON appreciation of the evidence available on record, the learned Judge recorded an acquittal of the other accused but convicted A-1 and A-2 alone under Section 304 Part-l IPC. The evidence of D. Ws. 1 to 5 also had been taken into consideration. The learned Judge had appreciated the evidence with due care and after careful scrutiny of the evidence, recorded the findings. The evidence of D. Ws. 1 to 5 also had been taken into consideration. The learned Judge had appreciated the evidence with due care and after careful scrutiny of the evidence, recorded the findings. Even as per the episode of the prosecution, this appears to be a controversy which had resulted in the death of Veera Swamy after a few days of the incident in the anti arrack agitation. Anti arrack agitation, no doubt is a social cause. While espousing the social cause, violent method had been adopted by the appellants. As a consequence of it, the deceased left the world. As per the evidence available on record also, the accused were aggrieved by the attitude of the deceased and no doubt the method adopted by them under the cause of agitation cannot be appreciated. While espousing social cause also these things cannot exceed the limits and resort to criminal acts not to be taken. But, however, the evidence of P. W. 10 is clear and categorical and in the light of the evidence of P. W.-10, no one would have expected that the deceased was going to die nor this was the intention of the appellants. ( 25 ) TAKING the over all facts and circumstances into consideration especially, the evidence of P. W. 10 and the other attending circumstances, this Court is of the considered opinion that the conviction and sentence recorded by the learned Judge under Section 304 Part-l IPC cannot be sustained and accordingly, the conviction and sentence recorded as against appellants a-1 and A-2 under Section 304 Part-l IPC are hereby set aside but they are convicted under section 326 IPC for voluntarily causing hurt by dangerous weapons and they are hereby sentence to undergo rigorous imprisonment for a period of three years and also to pay a fine of Rs. 500/- each, in default to suffer rigorous imprisonment for one month. ( 26 ) ACCORDINGLY the conviction and sentence under Section 304 Part-I IPC are hereby set aside and the conviction and sentence referred to supra under Sec. 326 ipc are hereby imposed. In all other particulars, the findings of the learned sessions Judge, Nellore Division, Nellore, in sessions Case No. 62 of 1994, dated 27-11-1998 are hereby confirmed. ( 27 ) ACCORDINGLY, the criminal appeal is partly allowed to the extent indicated above. In all other particulars, the findings of the learned sessions Judge, Nellore Division, Nellore, in sessions Case No. 62 of 1994, dated 27-11-1998 are hereby confirmed. ( 27 ) ACCORDINGLY, the criminal appeal is partly allowed to the extent indicated above. It is needless to say that the appellants- accused shall serve the rest of the sentence.