MADHUSUDAN RAO, J.

( 1 ) THIS appeal by the State is directed against the aquittal of the three respondents of an offance punishable under section 302 read with 34 I. P. C. in Sessions Cases nos. 50 and 86 of 1973 on the file of the Sessions Division, Chittoor.

( 2 ) THE three respondents were tried as accused I, 2 and 3 on the following charges :"that you the accused 1 to 3 above named on the 9th day of November 1972 at about 5. 30 p. m. on the footpath from panapakkam to Arigalavaripalle near the arrack shop of you A-1, in Chandragiri taluq In pursuance of the common intention of all of you did commit murder conjointly by intentionally or knowingly causing the death of Marri Munirathnam by A2 striking the deceased on the right forehead with butcher s knife and A-2 you striking the deceased on the right side of he head twice:- with a sword and A 3 of you striking the deceased on the left side of his head and shoulder with a billhook and thereby committed an offence punishable under section 302 read with 34 of the Indian Penal Code and within my cognizance. . . ".

( 3 ) IN support of the charge the prosecution has examined 12 witnesses of whom P Ws. 2 to 5 figured as directed witne

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