Shrivastava, J.--1. The judgment of acquittal dated 13.10.1995 passed in S.T. No.141/1988 by learned trial Court acquitting the respondents Suresh Singh, Jagdish Singh and Vijay Singh under sections 148, 302 and 307 of IPC and further acquitting the accused persons Darshan Singh and Naresh Singh under sections 148,302,307 read with section 149 of IPC and also acquitting respondent Munni Singh under sections 148, 302, 307 read with section 149 of IPC and under sections 25 and 27 of the Arms Act, this appeal has been filed by the State of Madhya Pradesh after obtaining leave to file appeal.

2. The unfolded facts of the case are that Ranveer Singh (hereinafter referred to as the deceased) as well as witness Shyam Singh and Ramvaran, who are the brothers of the deceased, are the residents of the same village Samal-ka-Pura. Respondents Suresh, Naresh and deceased accused Munnisingh are the brothers, respondent Vijay Singh is the son of respondent Darshan Singh, Jagdish Singh is son of deceased Kishan Singh and respondent Darshan Singh and deceased Kishan Singh are the real brothers.

3. It would be relevant to mention here that accused Kishan Singh died during the trial and trial w