JUDGMENT :

(Per Hon’ble Sri Justice K.Sreenivasa Reddy)

The de facto complainant in Sessions Case No.125 of 2012 on the file of the VI Additional District and Sessions Judge, Prakasam at Markapur (hereinafter referred to, as ‘the Sessions Court’) is the appellant in the present Criminal Appeal. Accused Nos.1 to 3 were tried and they were found not guilty of the offence punishable under Section 302 read with 34 of the Indian Penal Code, 1860 (for brevity ‘IPC’) and they were acquitted of the aforesaid charge in terms of Section 232 of the Code of Criminal Procedure, 1973 (for brevity ‘CrPC’).

2. The substance of the charge as against the accused Nos.1 to 3 is that on 19.07.2011 at about 7.00 PM, near plantain garden of one Amudapu Pedda Venkata Reddy situated at the outskirts of Y.Kothapalli village of Yerragondapalem Mandal, accused No.1 hit one Adipi Pedda Galeiah (hereinafter referred to, as ‘the deceased’) with a stick and wrapped a turkey towel around the neck of the deceased and further pierced his right eye with a small stick; accused Nos.2 and 3 caught hold of the hands and legs of the deceased and threw him out of the compound wall, due to which, the deceased was suffocated to