JUDGMENT

K.G. Balakrishnan, J.-This appeal is preferred by the State of Rajasthan against the acquittal of the accused respondents by the High Court. Originally there were three accused, but the first accused Gujarmal died during the pendency of the appeal. These accused were tried by the Sessions Judge, Karoli, Rajasthan for the offence of murder punishable under Section 302 read with Section 34 IPC. The Sessions Judge found them guilty of offences punishable under Section 304 Part I read with Section 34 IPC and sentenced them to undergo imprisonment for a period of 10 years. Aggrieved by the same, they preferred an appeal before the High Court and the learned Single Judge held that they were not guilty of any offence. Aggrieved by the judgment of the learned Single Judge, the present appeal is preferred by the State of Rajasthan.

2. The prosecution case is that on 5.10.1992 at about 8 O clock in the morning, deceased Ram Swaroop went to the house of the first accused Gujarmal and told him that his camel had been causing damage to the cultivation of the deceased and requested Gujarmal not to allow the camel to stray into his field. Accused Gujarmal got annoyed with the deceased ove