JUDGMENT

S. NATARAJAN, J. :— This Appeal by Special Leave by the State of Andhra Pradesh is directed against the judgment of the High Court of Andhra Pradesh in Criminal Appeal No. 308 of 1975 setting aside the conviction of Respondents 1 and 2 under S. 302 read with S. 34 of the Penal Code and the sentence of imprisonment for life awarded therefor and acquitting them.

2. Respondents 1 and 2 who were arrayed as A1 and A2 and two others were charged under S. 302 read with S. 34 of the Penal Code for having committed the murder of one P. Narasaiah of Kalekal village at about 7. 30 a.m. on Nov. 25, 1974 by respondents 1 and 2 attacking him with an axe (M. O. 4) and knife (M. O. 9) respectively and the other two accused holding him during the attack to facilitate the crime. The learned Sessions Judge accepted the prosecution case and convicted respondents 1 and 2 under S. 302 read with S. 34 of the Penal Code and sentenced them to undergo imprisonment for life but acquitted accused 3 and 4 on the ground that their complicity in the commission of the offence was not fully proved. Respondents 1 and 2 preferred Criminal Appeal No. 308 of 1975 to the High Court. The High Court has allowed t