JUDGMENT

Dr. Arijit Pasayat, J.—Leave granted.

2. Challenge in this appeal is by the State of Madhya Pradesh to the judgment rendered by a Division Bench of the Madhya Pradesh High Court, Jabalpur Bench at Gwalior, directing acquittal of the respondents. The trial court had found the respondents (hereinafter referred to as the ‘accused’) guilty of offence punishable under Section 304 (Part II) of the Indian Penal Code, 1860 (in short the ‘IPC’) read with Section 34 IPC. Each of the accused persons was sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs.2000/- with default stipulation.

3. The respondents faced trial because of the following accusations:-

On 10.08.2002 at about 8 in the night Dropadi Bai (PW-1) lodged FIR at the Police out-post Bhatnavar. It was mentioned in the FIR that at about 7-8 A.M. complainant had gone to the agricultural field. Her husband-Munshi (hereinafter referred to as “deceased”) had gone to work in the shop of Bacchanlal Bania. When she returned in the evening, she enquired about her husband from her son Banti (PW-2). Arun Das who informed her that when deceased was going to the shop at about 10 A.M. after having his