(1.) This is an appeal preferred by the State against the acquittal of accused nos. 1 to 4. Accused no. 5 has also been acquitted. However, the State has not preferred an appeal against his acquittal. During the pendency of this appeal, accused no. 2 - Ambika and accused no. 3 - Chandrabhagabai, have passed away. This appeal, therefore, abates to the extent of accused nos. 2 & 3.
(2.) We have considered the strenuous submissions of the learned Prosecutor and the learned Advocates on behalf of the respective parties. With their assistance, we have gone through the appeal paper-book as well as the original record and proceedings. No weapon has been used in the death of Baban Kondiba Khetmalis.
(3.) The prosecution had put forth the following case before the trial Court : -