ORDER :

1. We have heard learned counsel for the appellant – State of Madhya Pradesh.

2. Even though service of notice is complete on all the four respondents and they are represented by Mr. Debasis Misra, learned counsel, but he has not appeared in the matter. Yesterday also, when the matter was taken up, no one was present on behalf of the respondents.

3. This appeal by special leave is directed against the judgment and order dated 29.8.2006 passed by the High Court of Judicature of Madhya Pradesh at Jabalpur in Criminal Appeal No. 2273 of 1999, whereby the High Court has allowed the appeal and set aside the judgment of the Special Judge, convicting and sentencing the respondents herein.

4. Aggrieved by the impugned judgment, the State has filed this appeal.

5. We have heard learned counsel for the State and perused the material placed before us, including the judgment of the High Court.

6. At the outset it has to be noted that this is a case of circumstantial evidence. It is seen from the judgment of the High Court that it has disbelieved the prosecution story on the ground that P.W.-7 Kishore Kumar who is an important witness has not clearly supported the case of the prosecution and