(1.) The judgment of absolviter dated 24th November,1997 passed in Sessions Trial No. 174/1992 (State of Madhya Pradesh v. Devi Singh and Ors.) by the Additional Sessions Judge, Mungawali, District Guna, acquitting the Respondents / accused including the deceased Respondents from the charge under Sections 148, 302 in the alternate 302/149, 307 in the alternate 307/149, 323/149 of IPC and further acquitting the Respondent Shivraj Singh from the charge under Section 27 of the Arms Act, has been made pivot in this appeal filed by the State of Madhya Pradesh under Section 378(3) of the Code of Criminal Procedure, 1973, after obtaining leave to file appeal.
(2.) During the pendency of this appeal, the Respondents Bahoran and Baldev had died and their name have been deleted from the cause title, as the appeal stood abated against them.
(3.) The prosecution case, in brief, may be narrated as under: