D.V. SHYLENDRA KUMAR, J.—This appeal by the state preferred under Section 378(1) and (3) of Cr.P.C. is directed against the judgment and order dated 17-2-2007 passed in SC No 694 of 2004, by the Presiding Officer, Fast Track Court-V, Bangalore city, acquitting the respondents-accused of the offence punishable under Section 307 read with Section 34 IPC.

2. Brief facts of the case are:-

The respondents/Accused were tried on the charge for the offence punishable under Section 307 read with Section 34 IPC. It is alleged that on 11-11-2002 at about 8.00 pm at No 104, Gram Seva Sangha, situated on R.V. Road, V.V. Puram, Bangalore, the accused, in furtherance of their common intention of committing murder of PW1 R Vinay, on account of previous enmity that existed between them, A-1 stabbed with a knife on the neck of PW1, A-2 fisted with hands on his nose and kicked him with his leg, A-3 stabbed with a knife on his back and left side of the stomach, with such intention or knowledge and under such circumstances, if by that act they had caused death of PW1, they would have been guilty of murder and thereby they have committed the aforesaid offence.

3. It is the case of the prosecution t