Judgment

GUPTA, J.:- This appeal preferred by the State of Andhra Pradesh is directed against a judgment of the Andhra Pradesh High Court by which a learned Judge of that Court exercising jurisdiction under Section 429 of the Code of Criminal Procedure, 1898 set aside the order of conviction and the sentences passed on the respondents before us by the Sessions Judge, Chittoor Division. The charge against the respondents was that at about ten on the night of September 5, 1971 Venkataramaiah Chetty and Chakala Giddappa (P. W. 1) were returning to their village Sanganapalle from Kadepalle where they had gone and when they were about a mile from Sanganapalle respondent No. 1 armed with a bill-hook and respondent No. 2 with a stout stick attacked them and beat Venkataramaiah Chetty severely causing multiple injuries as a result of which he died. The Sessions Judge accepted the evidence of P. W. 1 and the dying declaration, said to have been made by Venkataramaiah Chetty in the presence of several witnesses including P. W. 1 and convicted the respondents under Section 302 read with Section 34 of the Indian Penal Code and sentenced each of them to undergo imprisonment for life. On appeal p