JUDGMENT

Dr. B.S. Chauhan, J. —

1. This appeal has been preferred by the State of Madhya Pradesh against the judgment and order dated 31.3.2004 passed by the High Court of Madhya Pradesh at Jabalpur (Gwalior Bench) in Criminal Appeal No. 262 of 1997, reversing the judgment and order dated 16.8.1996 passed by the Sessions Court, Guna in Sessions Trial No. 155/1995, convicting the respondent No.1 under Section 302 of Indian Penal Code, 1860 (hereinafter called as ‘IPC’) and respondent No.2 under Section 302 read with Section 120-B IPC, and sentencing them to life imprisonment.

2. FACTUAL MATRIX:

(A) Respondent No.2 Bhaggo Bai filed an FIR dated 31.1.1995 in Police Station, Ashok Nagar, mentioning her name as Madhav Bai stating that her husband Chatra died after falling during a spell of giddiness at about 11.00 p.m. In respect of the same incident, another complaint was lodged by Munna Lal (PW.2) along with Rannu Bai (PW.1), daughter of deceased Chatra and Bhaggo Bai, aged about 8 years stating that both the respondents-accused had murdered Chatra. After having a preliminary investigation, the Investigating Officer arrested respondent No.2 Bhaggo Bai and lodged the FIR formally on 4.