H. BILLAPPA, J.-This appeal by the State is directed against the Judgment and order dated 17th October, 2006 passed by the Sessions Judge, Udupi, in S.C. No. 97/2001.

2. By the impugned judgment and order, the learned Sessions Judge has acquitted the accused Nos. 1 to 3 of the offences punishable U/Ss.120(B), 302 read with Section 149 of IPC and Sections 3 and 25 of the Indian Arms Act.

3. Aggrieved by that, the Appellant-State has filed this appeal.

4. Briefly stated the case of the prosecution is:

That the accused No. 5-Vishwanath Shetty was demanding haftha from the deceased-Prabhakar Acharya. When A5 was unable to extort money from the deceased Prabhakar Acharya, A5 along with the other accused hatched conspiracy to kill the deceased. On 17.05.2001, at about 7.45 or 8.00 p.m. the accused Nos. 1 and 2 suddenly entered the shop of deceased Prabhakar Acharya and shot him dead and ran away from the spot and escaped in a car.

5. Based on the statement of PW1, a case in Crime No. 153/01 of Udupi Town police station has been registered for the offences punishable under Section 302 read with Section 34 of IPC and Section 25 of the Indian Arms Act.

6. After investigation, the charge s