- (1.) This is an appeal by the State against the order of acquittal of the respondents who were tried for offence under Section 302 IPC.
(2.) The prosecution case, as given in the First Information Report lodged by one Khairati PW 1 on February 3, 1971, is that on February 2, 1971 there was an exchange between the deceased Janshi and the accused and that when in the evening at 4. p.m. the deceased was returning from his well to his house, he was beaten by 8 persons including the present respondents when they passed infront of accused's house. The deceased was said to have died on the spot. The police, however, did not choose to challan all the persons but only challaned the present respondents.
(3.) After trial the learned Additional Sessions Judge found the case against the respondents not proved and acquitted them. The State has come up in appeal to this court.;