JUDGMENT

Santosh Hegde, J.-State of Madhya Pradesh has preferred this appeal against a judgment of the High Court of Madhya Pradesh at Jabalpur Bench.

2. While granting leave to this appeal, this court by its order dated 22nd April, 1996 confined the same only as against the first respondent.

3. The prosecution case from which this appeal arises is as follows : The respondent in this appeal and two others were chargesheeted by the Maharajpur police for an offence punishable under Section 302 read with Section 34 IPC for having committing the murder of Bati in the intervening night between 10 and 11 of April, 1985, while the said Bati was sleeping in his thrashing yard along with his brother Suraj Prakash (PW 1) and his uncle Nand Ram (PW 3). Prosecution alleged that at that time the three accused persons attacked the deceased with deadly weapons like axe, farsa etc. and the deceased died instantaneously. It is stated that PWs 1 and 3, being afraid of the assailants, did not move away from the place where they hid themselves and later in the morning at about 8 O clock they informed the other relatives including Nathu Ram (PW 4), father of the deceased and the information as to the cri