JUDGMENT

ORDER:— Six persons, including the respondents Madho and Kshna, were put up for trial for the commission of offences punishable under Sections 302 and 326/ 323, I.P.C. The trial Court acquitted four women co-accused but convicted Madho under Sections 302 and 326, I.P.C. and Kishna under Sections 302 and 323, I.P.C. and sentenced both of them to life imprisonment for the murder of Mangi Lal. The two convicted accused preferred an appeal which was heard by a Division Bench of the High Court. The High Court came to the conclusion that the prosecution evidence tendered against the convicted accused was full of infirmities and the prosecution version regarding the incident could not be accepted as the prosecution witness had failed to explain injuries sustained by these two accused persons. In that view that the High Court took it reversed the decision of the trial Court and acquitted both the accused persons. It is against the said order of acquittal that the State has preferred this appeal.

2. According to the prosecution, on April 13, 1973, around noon time when PW 1- Gouri Lal was getting a well dug, the dug- up earth was thrown on the adjoining land to which the accused pro