S. MADHUSUDAN RAO, J.

( 1 ) THIS is an appeal by the State against an order of acquittal of the sole accused in Sessions Case No. 46 of 1978 on the file of the Visakhapatnam Sessions Division. The accused was tried for an offence of murder and was acquitted of the same. The deceased in this case is one Kapoor Chand Shaoo, who was aged about 23 years by the time of his death. He was working as a gateman in the old Birla Company at Madhavadhara in Visakhapatnam. The accused is one Ash Mohammad, who is working as a Supervisor in the Technopack Company at Madhavadhara in Visakhapatnam. According to the prosecution, at about 8. 30 or 9. 00 p. m. on 20-3-1978 a group of persons were chasing the accused from Vengalarao colony saying "thief, thief" and the accused was running towards the Technopack Company, Madaka Narayana, a Rickshaw driver residing in the Vengalarao Colony (P. W. 1), Sistla Kanakarao, a Switch Board operator in the Hindustan Polymers, residing in Madhavadhara (P. W. 2) and Sabbavarapu Sanyasirao, a helper in the East-Coast Packing Company, Visakhapatnam, another resident of Vengalaraonagar (P. W. 3) were amongst the group of persons chasing the accused. By the time the a

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