PUBLIC PROSECUTOR Vs. GENE VENKATESU

JUDGEMENT

(1.) This appeal by the State is directed against the aquittal of the three respondents of an offance punishable under section 302 read with 34 I.P.C. in Sessions Cases Nos.50 and 86 of 1973 on the file of the Sessions Division, Chittoor.

(2.) The three respondents were tried as accused I, 2 and 3 on the following charges :

(3.) In support of the charge the prosecution has examined 12 witnesses of whom P Ws.2 to 5 figured as directed witnesses to the occurence, P.W.9 is the Medical Officer who conducted autopsy over the dead body of the deceased, P W. II is the Assistant Sub-Inspector who registered the first information and P.W.12 is the Inspector of Police who investigated inio the case. The accused 1 and 3 denied any knowledge of the occu- rance. The Second accused pleaded that the deceased, P.W.4 and P.W.3 attempted to hack him to death and that there was some struggle In which he escaped and the blows aimed on him by P.Ws.3 and 4 fell on the deceased The accused did not examine any witnesses on their behalf but marked Exs. D-1 to D-15 which are portions of the earlier statements during investigation made by P.Ws 1 to 6,