JUDGMENT

Dr. Arijit Pasayat, J. —

1. Challenge in this appeal is to the judgment of a Division Bench of the Andhra Pradesh High Court allowing the appeal filed by the State so far as present appellant is concerned while upholding the acquittal of other accused persons. The learned IV Additional Sessions Judge, Guntur had directed acquittal of all the five accused persons who faced trial for commission of offence punishable under Section 302 and Section 302 read with Section 34 of the Indian Penal Code, 1860 (in short the ‘IPC’). The trial Court on analyzing the evidence had found that the prosecution has not been able to establish its accusations and accordingly directed acquittal. The State filed an appeal in terms of Section 378 (1) and (3) of the Code of Criminal Procedure, 1973 (in short the ‘Code’). The High Court by the impugned order allowed the appeal so far as the present appellant is concerned while dismissing the appeal of the State so far as the other accused persons are concerned.

2. Learned counsel for the appellant submitted that the High Court has not discussed the evidence of the witnesses and has come to abrupt conclusions about the acceptability of the evidence.