JUDGMENT :

M.R. SHAH, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 13.12.2018 passed by the High Court of Madhya Pradesh, Bench at Gwalior in Criminal Appeal No. 339 of 2006, by which, the High Court has allowed the said appeal and has acquitted respondent No. 1 and 2 herein-original accused No. 1 and 3, for the offences punishable under Section 302 read with Section 34 of the IPC, by giving benefit of doubt, the State of Madhya Pradesh has preferred the present appeal.

2. As per the prosecution case sometime prior to 8:30 in the morning of 17.01.2002, one Devendra S/o Bhagirath, brother of deceased Munshilal, went to the house of accused Ramjilal for demanding money for grinding of wheat in the flour mill and accused persons Mukesh (A4) and Brijesh (A3) met him. When Devendra demanded money, then, accused No. 3 and accused No. 4 assaulted him with kicks and punches. Somehow, he rescued himself. The said incident was brought to the notice of the complainant Laxminarayan. The brother of Devendra, namely, Ramgopal and father Bhagirath, went to the house of accused persons for enquiring about the scuffle. All the accused were going towards the house