Seth, J. -- 1. This appeal against acquittal is by the State.

2. Two respondents were sent up to face trial on the charges of murder of Ramubai, wife of accused No.2 Sukhram. The charge against accused No.1 Kamal was under section 302 substantively as also under section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 the accused No.2 Sukhram was charged under section 302 read with section 114 of the IPC. The trial Court on considering the evidence led by the prosecution acquitted both the accused f all the charges giving them benefit of doubt. Aggrieved by that decision the State has come up in appeal.

3. It is no longer in dispute that the deceased Ramubai aged about 25 years was the wife of accused No.2 Sukhram; that Sukhram and his wife were tribal (Bhils) of Dhar District in M.P.; that Ramubai died a homicidal death on 11.12.2001 in a forest near village Moregoan of Dhar District. This came within the jurisdiction of Police Station Amzera with a Police out-post at Dasai. Autopsy report dated 12.12.2001 is Ex.P/9 by Dr. K.C. Shukla which shows that homicidal death was due to injury to the vital Organ (brain) causing hemorrhage and