JUDGMENT

D.P. Mohapatra, J.-This appeal filed by the State of Rajasthan is directed against the judgment of the High Court of Rajasthan in Criminal Appeal No.147/85 acquitting the respondent-Hanuman of the charge under Section 302 IPC on setting aside the judgment and order of conviction passed by the learned Sessions Judge, Ajmer, in Sessions Case No. 49/1983.

2. Shorn of unnecessary details the prosecution case may be stated thus :

On 9.10.1982 at about 6.00 p.m. when Panchu the deceased tried to draw water from the common well to irrigate his lands and change the course of the water towards his fields the respondent-Hanuman and co-accused Ganesh and Ram Kumar forbade him from doing so. Ganesh caught hold of Panchu and Hamuman gave three blows on his head with an axe held by him. When Smt. Badam, wife of Panchu and his sister Chhoti intervened to save him from the assault of Hanuman, Ram Kumar assaulted them with a Kassi. On hearing the cry of Chhoti, Arjun came to the spot from the field nearby and on seeing him the accused persons fled away. Chhoti immediately rushed home and reported the incident to her brother Balu who on reaching the spot found Panchu lying on the ground with s