Judgment

PALEKAR, J.:- These are appeals by Special leave by the State of Madhya Pradesh against the judgment and order of the High Court of Madhya Pradesh acquitting the three respondents. The respondent in the first appeal is Budhiya s/o Devram Koli and the respondents in second appeal are Babu and Sukhiya, both sons of Shivram Koli. These respondents along with seven others had been charged for offences under Sections 302 and 324 /w Section 149. Indian Penal Code before the learned Additional Sessions Judge, Barwani. After trial one of them was acquitted and the rest were convicted under Section 302 r/w Section 149, Indian Penal Code. There six were Budhiva. Sukhiva, Babu, Guhai, Sitaram and Akhadiya. Out of these six. Budhiya was sentenced to death while the other five were sentenced to life imprisonment. All nine appealed to the High Court and there was a death reference by the learned Additional Sessions Judge against Budhiya. The cases were heard together and the High Court was pleased to acquit them all. The State Government has come to this Court by special leave against only the three respondents referred to above.

2. According to the prosecution the incident out of which t