ORDER

State of Rajasthan has preferred this appeal against the judgment of the High Court of Judicature for Rajasthan made in Criminal Appeal No. 428 of 1985 whereby the High Court allowed the appeal of the respondent-herein (appellant before it) and acquitted him of the charges and conviction awarded by the Sessions Court.

2. The facts leading to the appeal are that on 31st July, 1984, prosecution states that one Ratan Lal committed the murder of Chiranjilal at about 6.30 p.m. in front of the house of the deceased. The said incident, according to the prosecution, was witnessed by Tara Chand -PW 4, who is the uncle of the deceased and Phool Chand-PW 5, who is the brother of the deceased. The complaint Ex.P-4 was lodged on the very same day and the investigation was conducted by Shri Ran Singh, S.H.O. Police Station, Pillani.

3. Learned Sessions Judge framed charged under Section 302, IPC against the respondent who pleaded not guilty and claimed to be tried. The prosecution, in support of its case, apart from examining PW 4 and PW 5 has also examined Ram Chandra, PW 6, who is the father of the deceased and has also relied upon the seizure of blood-stained clothes from the accused and a