(1.) The thirteen appellants were tried by the learned 1st Additional Sessions Judge, East Godavari at Rajahmundry for murdering five women on 28/02/1991 in Dona lanka village. Originally, prosecution was launched against 14 accused but before the commencement of the trial, one accused-A-7-died. As many as six charges were framed against them under Section 148 and 302 r/w 149, IPC.
(2.) The case of the prosecution, in brief, is that all the accused, belonging to Dona lanka village, formed themselves into an unlawful assembly on 28-2-1991 for the purpose of committing the murder of five women - Kundla Subbayamma, Kundla Gangayamma, Kundla Lingamma, Kundla Ademma, and Kundla Bullemma - suspecting that they were practising witch-craft against the villagers which had resulted in the deaths of several persons and contracting of diseases by several others. In pursuance of their unlawful assembly, the accused had murdered the aforesaid five women by beating them with stout sticks and rice pounders.
(3.) The learned trial judge believing the case of the prosecution convicted the appellants under section 148 and 302 r/w 149, IPC and sentenced them to imprisonment for life.