Judgement

MUDHOLRAR, J. : The respondent No.1 was tried before the Court of Session. Visakhapatnam for offences under S.120-B Indian Penal Code, S.409, S.477-A and S.471 read with S.467, I.P.C while respondent No. 2 was tried for an offence under S. 120-B and for offences under S. 409 read with Ss. l09, 477-A and 471 read with S. 467 I. P. C. Each of the respondents was connected of the first two offences, but the respondent No.1 alone was convicted of the other two offences. Various sentences were passed against them by the Additional Sessions Judge, Visakhapatnam, who presided over the court. The respondents preferred appeals before the High court challenging their convictions and sentences. The State on the other hand preferred an application for revision under S.439, Cr.P.C. for the enhancement of the sentences passed on the respondents. The High Court allowed the two appeals, acquitted the respondents and dismissed the application for revision preferred by the State. The State of Andhra Pradesh has come up before this Court in appeal by obtaining special leave under Art. 136 of the Constitution.

2. The prosecution case in so far as it is material for the decision of the appeal i