STATE Vs. LAKSHMIKANTHA REDDY,

JUDGEMENT

(1.) THIS is an appeal filed by the State under Section 378(1) and (3) of the Code of Criminal Procedure challenging the judgment and order of acquittal dated 14/09/2010 made in S.C.No.52/2008 on the file of II Additional Sessions Judge, Bellary, acquitting the respondent for an offence punishable under Section 307 of the Indian Penal Code.

(2.) BRIEF facts leading to filing of the appeal may be stated as under:

(3.) LEARNED Additional State Public Prosecutor submits that the trial Court erred in rejecting the evidence of PW -1/Maheshwara, who is injured and complainant and PWs.2 and 3 -eyewitnesses on the ground that PWs.2 and 3 did not go to the rescue of PW -1 and their names do not find place in the complaint lodged by PW -1. He also submits that the trial Court erred in rejecting the evidence of prosecution on the ground that the prosecution has not proved the blood group of injured PW -1 and the FSL report with regard to chemical examination of blood stained shirt of accused -M.O.3, blood stained shirt of PW.1 -M.O.2 and Matchu -M.O.1 is of avail. He further submits that the impugned judgment may be set aside and the accused/respondent may be convicted for an offence punishable under Section 307 of the Indian Penal Code.