(1.) This is an appeal filed by the State of Madhya Pradesh being aggrieved by the judgment and order dated 3rd July, 2009 passed by the High Court of Madhya Pradesh, Bench at Indore in Criminal Appeal No. 138 of 2009. By the said judgment, the High Court allowed the appeal preferred by the respondent herein and acquitted him of the conviction and sentence awarded by the trial Court under Sections 302, 201 and 404, IPC.
(2.) We have heard the learned counsel appearing for the appellant-State of Madhya Pradesh at length and perused the material available on record.
(3.) We find from the record that the entire case is based on circumstantial evidence. The deceased Rakesh was last seen with the respondent herein on 24th August, 2007 and his dead body was found in a well on 27th August, 2007. The other circumstance relied on by the trial Court for awarding conviction was that the deceased left his home taking away some golden and silver ornaments which were later on recovered from the possession of the respondent.