In appeals against acquittal, the court will not disturb the trial court's findings unless they are perverse or lack basis in evidence, maintaining a high threshold for interference.

1. The appellant / State has filed this criminal appeal under S.378 of Cr.P.C against the judgment dated 31.1. 2000 passed by the learned Additional Sessions Judge Chachoda, District Guna in Sessions Trial No. 353/1997, whereby each of the present respondents and deceased respondent Brij Mohan was acquitted from the charge of S.302 or S.302/34 of the IPC. During pendency of this criminal appeal, original respondent no. 1 Brij Mohan had expired and his name has been deleted.

2. The prosecution story in brief is that on 17.6. 1997 in the morning at about 6-30 am an information was received at Police Station Kumbhraj that near Tekri (small hill) temple, a dead body of an unknown man is lying. This information was recorded by head constable Amar Chand in relating Roznamcha of Police Station. Station house officer Surendra Singh Tomar (PW 22) reached on spot within few minutes and found that at about 1 / 4 furlong distance from the temple of Tekri dead body of an unknown person is lying. He recorded a marg report (P - 23) on the spot and initiated marg enquiry. At about 10:00 am of same day Shivnarayan (PW - 5), resident of village Barod reached the spot and identified that the dead body is of his brother Radhe Shyam, resident of village Barod. Identification memo (P - 25) was recorded. Photographs of the dead body were taken by photographer and safina form (Ex. P - 3) was issued and in presence of panch witnesses inquest memo (Ex.P - 2) was prepared and the dead body of deceased Radheshyam was sent for autopsy to Government Hospital, Kumbhraj. Thereafter on spot dehati nalisi report ( Ex. P - 28) was recorded by Surendra Singh Tomar and spot map (Ex. P29) was prepared in presence of Shiv Narayan. Dead body was wearing only (vest banyan) and underwear. At about 1000 meter distance from the dead body, a towel, torn pyjama and a torn shirt were lying, which were seized vide seizure memo (Ex. P - 1) and an empty bottle of liquor was also found nearby, which was seized vide seizure memo (Ex.P - 10). In inquiry, it was found that deceased was seen with respondents Brij Mohan, Shrikalyan and Indar Singh at about 8:00 pm on 16.6. 1997 near the temple of tekri Kumbhraj.

3. During investigation all the three respondents were arrested. On previous disclosure statement of Shrikalyan, his shirt and a ring of gold were seized through seizure memo ( Ex. P - 17) in presence of panch witnesses on being produced from the house of respondent Shrikalyan situated at Guna by himself. On previous disclosure statement of deceased respondent Brij Mohan a chain was seized, which was produced by Brij Mohan from his house situated at Guna and it was seized by seizure memo (Ex. P - 12). On previous disclosure statement (Ex. P - 18), a shirt was recovered on being produced from the hut of respondent Indar Singh whose buttons were broken and the shirt was seized through seizure memo (Ex.P - 30). After completing formalities of the investigation, chargesheet was filed in the Court of ACJM, Chachoda, who committed the criminal case to Sessions Judge, Guna who transferred relating Sessions trial to Additional Sessions Judge, Chachoda.

4. Each of the respondents denied the above mentioned charge and pleaded that they have been falsely implicated. Prosecution examined 21 witnesses before the trial court and no defence witness was examined for the respondents. The trial court after recording findings that prosecution remained unsuccessful in proving any offence against any of the respondents, acquitted all the three tried accused persons.

5. Learned Public Prosecutor for the Appell