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 under Section 378 (1) and (3) of the Code of Criminal Procedure, 1973 (hereinafter referred to as the “Present Code”) against the judgment of acquittal passed by learned First Additional Sessions Judge, Guntur. There is no necessity to refer to the factual aspects in detail.

2. In all, 65 persons faced trial for alleged commission of offences punishable under several sections of the Indian Penal Code, 1860 (in short ‘IPC’).

3. Prosecution version as unfolded during trial is as follows:

There were in all three murders. The names of the deceased persons were Nallappaneni Sambasiva Rao, Ch. Chinna Koteshwar Rao and Turaka pullaiah. They are hereinafter referred to as D1, D2 and D3 respectively. Out of 36 charges framed, prosecution did not examine witnesses to prove the charges No.17, 18, 23 and 24. All the accused and PWs 1 to 27 belong to Balausupadu Village within the limits of Peddakurapadu Police Station, Sattenapalli Circle, Guntur District. There are two groups in the village. A1 is the leader of one group a