STATE OF A P Vs. ARCOT ESWARA REDDY

JUDGEMENT

(1.) THIS Criminal Appeal (S.R.) is preferred by the appellant State, under Section 378 (3) & (1) of the Code of Criminal Procedure, 1973 (for short, "Cr.P.C."), against the judgment dated 14 -12 -2007 in S.C. No.297 of 2005 passed by the learned VI Additional District and Sessions Judge (Fast Track Court), Tirupathi, whereunder and whereby, accused Nos.1 to 3 were found not guilty of the offences punishable under Sections 120 -B, 302 and 302 read with 109 of the Indian Penal Code, 1860 (for short, "IPC."), and were acquitted for the same.

(2.) BRIEF facts of the prosecution case that are necessary for disposal of the appeal, may be stated as follows:

(3.) THE basis for framing charges against accused Nos.1 and 2 is that they entered into a criminal conspiracy to do away with the life of the deceased; that in pursuance of such conspiracy, they took the deceased for hunting near the cart track at Swarnamukhi river on Paidipalle Sivagiri road; that they knowingly or intentionally stabbed the deceased with their respective weapons causing his instantaneous death. Charge levelled against accused No.3 is that he also conspired with accused Nos.1 and 2 to do away with the life of the deceased in pursuance of the humiliation caused by the deceased to him, and therefore, he abetted accused Nos.1 and 2 to cause the death of the deceased, and thereby, accused Nos.1 to 3 are liable for punishment for the offence punishable under Section 120 -B IPC, and accused Nos.1 and 2 are liable for punishment for the offence under Section 302 IPC while accused No.3 is liable for punishment for the offence punishable under Section 302 read with 109 IPC; and accordingly, the trial Court framed the said charges. When the said charges were read over and explained to the accused, they pleaded not guilty and claimed to be tried.