Shrivastava, J. -- 1. Feeling aggrieved by the judgment of absolvitur passed by learned 4th Additional Sessions Judge, Gwalior in Sessions Trial No. 228/1992 dated 26.11.1993 acquitting the respondents for the offence punishable under section 302/34, IPC, the State of Madhya Pradesh has preferred this appeal under section 378 (3) of the Code of Criminal Pro,cedure,1973.

2. In brief the case of prosecution is that on 22.6.1992 at 8:30 in the morning Jagdish who is a labour went to his work place. After departure of Jagdish his father Chunnilal (hereinafter referred to as 'the deceased') also proceeded to his work place. After some time, one girl of the locality came and informed Laxmi Bai at her home that some persons were assaulting the deceased by knives, as a result of which said Laxmi Bai rushed towards the place of occurrence which is situated nearby a Jain Temple at Gendewali Sadak. The deceased who was the father-in-law of Laxmi Bai was lying near the door of temple and he gave oral dying declaration to Laxmi Bai that respondent had assaulted him. It is the further case of prosecution that respondent No. 2-Dewanand was having a knife and respondent No. 1Ashok was havin