JUDGMENT

Mohan M. Shantanagoudar, J.

The instant appeals arise from the judgments of the High Court of Madhya Pradesh, Jabalpur, Gwalior Bench, passed in Death Reference No. 01 of 2004 and Criminal Appeal No. 312 of 2004. Vide the impugned judgments, the High Court acquitted the accused respondents Makrand Singh, Raj Bahadur Singh and Shyam Sunder for the offences punishable under Sections 302 read with 34, 394 read with 34 and 449 of the Indian Penal Code (in short “the IPC”), and Sections 11 read with 13 of the Madhya Pradesh Dakaiti and Vyapharan Prabhavit Kshetra Adhiniyam (in short “the MPDVPKA”) and additionally respondent Makrand Singh for offences under Section 25(1)(b)(a) read with Section 27 of the Arms Act and Sections 11 and 13 of the MPDVPKA for causing the death of three people, viz. Premchand Jain, his wife Anandi Devi and unmarried daughter Preeti, and for committing robbery of Rs. 30,000/in cash and about Rs. 8,00,000/worth of gold and silver.

2. The case of the prosecution is reiterated below in brief: Deceased Premchand Jain was in the occupation of money lending, and pawning gold and silver ornaments. The incident took place on the intervening night of 4th - 5th