JUDGMENT :

C.T. RAVIKUMAR, J.

1. This appeal is against the judgment of acquittal dated 31.01.2013 passed by the High Court of Madhya Pradesh at Gwalior in Criminal Appeal No. 602 of 1998 in reversal of the judgment of conviction recorded against the appellants therein viz., the respondents herein, by the Court of Additional Sessions Judge, Sironj in Sessions Trial No. 320 of 1996 dated 28.10.1998.

2. Heard learned counsel for the appellant State and learned counsel for the respondents, the convicts who were acquitted by the High Court vide the impugned judgment.

3. The case of the prosecution, in succinct, was as under: -

‘On 01.10.1996, at about 1.00 pm, the respondents herein viz., Ramjan Khan, Musaf Khan @ Musab Khan and Habib Khan, by cutting/beating with sickle, axe and stick caused death of Naseem Khan, near the village well of Karaikheda and thereby committed the crime punishable under Section 302 read with Section 34, of the Indian Penal Code (for short the ‘IPC’).’

4. As mentioned above, the respondents herein were tried by the Court of Additional Sessions Judge, Sironj. The prosecution had examined 19 witnesses including Haseen Khan (PW-5) and Farid Khan (PW-9), who are the r