JUDGMENT

Arijit Pasayat, J.-The respondent Bhanwar Singh (hereinafter referred to as the accused ) faced trial along with five others for allegedly committing homicidal death of one Kaul Singh (hereinafter referred to as the deceased ). The Trial Court found respondent-accused Bhanwar Singh guilty of offence punishable under Section 302 of the Indian Penal Code, 1860 (in short the IPC ) and sentenced to imprisonment for life. Three other co-accused persons, namely, Moti Singh, Shankar Singh and Bhanwar Singh were convicted in terms of Section 323 IPC and were given benefit of probation under the Probation of Offenders Act, 1958 (in short the Probation of Offenders Act ). Two other co accused persons Guman Singh and Nathu Singh were acquitted. Bhanwar Singh questioned legality of his conviction by preferring an appeal before the High Court of Rajasthan. By the impugned judgment, a Division Bench of the said High Court found that the prosecution has not been able to establish its accusations.

2. State has questioned correctness of the said judgment in this appeal.

3. Background facts in a nut shell are as follows :

A written report was lodged by Gulab Singh, (PW-8) on 27.10.1992 at U