(1.) Questioning the judgment of acquittal dtd. 20/10/2011 passed by the learned I Additional Sessions Judge, Srikakulam in S.C.No.61 of 2010, the State through the learned Public Prosecutor has filed the present appeal under Sec. 378(3) & (1) of Cr.P.C.
(2.) The respondents No.1 to 3/accused Nos.1 to 3 were tried by the learned I Additional Sessions Judge, Srikakulam under two charges. The 1st Charge was under Sec. 304 read with 34 Indian Penal Code (for short 'IPC') for causing death of one Gorle Thovudu (herein after referred to, as 'the deceased') and the 2nd charge was under Sec. 324 read with 34 of IPC for causing injuries to P.W.1.
(3.) Substance of charge is that on 15/2/2009 at about 2.00 p.m., all the three accused caused the death of deceased at Bapana Cheruvu @ Gampalla Garbhan, Ranasthalam Mandal and in the same process, they caused injuries to P.W.1, thereby, committed offences punishable under Ss. 304 and 324 read with 34 of IPC.