JUDGMENT

B.P. Singh, J.-This appeal by special leave has been preferred by the wife of the deceased, who is said to have been murdered by respondents 1, 2 and others on January 9, 1992 at about 6.30 p.m. The appellant has impugned the judgment and order of the High Court acquitting the respondents 1 and 2 herein of the charge under Section 302 IPC and convicting them instead under Sections 326 and 324 IPC respectively. The aforesaid respondents shall be referred to hereinafter as A-1 and A-2. According to the appellant, the facts proved by the prosecution clearly established an offence under Section 302 IPC and therefore, the High Court was not justified in acquitting them of the charge under Section 302 IPC and convicting them under Section 324 IPC respectively.

2. The occurrence giving rise to the instant appeal is alleged to have taken place at about 6.30 p.m. on January 9, 1992. The case of the prosecution was that six persons including A-1 and A-2 way laid the deceased and assaulted him with knife, iron rods and sticks as a result of which, he succumbed to his injuries in the hospital. All the six accused A-1 to A-6 were tried by the Additional Sessions Judge, West Godavari Divi