Judgment

Nanavati, J.-Aggrieved by the judgment and order of acquittal passed by the High Court of Rajasthan in Criminal Appeal No. 368/81, the State has filed this appeal. The respondent was convicted by the trial Court for the offence punishable under Section 302 IPC and sentenced to suffer imprisonment for life.

2. The prosecution case was that relations between Satyanarayan - the accused and Bhima - his neighbour were not good as they had a dispute with respect to construction of a boundary wall and previously there was some litigation also between the parties. On the day of the inci­dent, that is, on 26.11.80, at about 7.00 a.m., Bhoridevi, wife of Bhima, was sweeping in front of her house. At that time, accused - Satyanarayan was standing near the window on the first floor of his house and spate our water on Bhoridevi. That led to an exchange of words between her and the accused - Satyanarayan. The accused came down and continued quarreling with her. By that time, other inmates of Bhima’s house also came out. The accused then attacked P.W. 2 - Sat­yanarayan @ Kaliya, a relation of Bhoridevi, with an iron pipe. He also injured Ram Gopal (P.W. 9) and Bhoridevi (P.W. 5) and then w