JUDGMENT

Dr. ARIJIT PASAYAT, J.—

1.State of Rajasthan is in appeal against the judgment of Rajasthan High Court at Jodhpur. Respondent faced trial for alleged commission of offence punishable under Section under Section 302 of the Indian Penal Code, 1860 (in short the ‘IPC’) and sentence of imprisonment for life by learned Additional Sessions Judge Nagaur. Accused filed an appeal questioning his conviction and sentence imposed. The High Court by the impugned judgment allowed the appeal.

2.Background facts in a nutshell are as follows :

First Information Report was lodged in the Police Station, Khinvsar on 14.5.1992 by one Nenuram, stating that at about 11.00 a.m., on that day, he heard that accused Om Prakash has killed Shivpyari, his wife (hereinafter referred to as the ‘deceased’), due to old quarrel. The investigation was conducted. The accused was arrested and the prosecution commenced. The prosecution examined 22 witnesses during the trial to prove its case alongwith certain documents which were duly proved. On appreciation of the oral and documentary evidence, the learned Additional Sessions Judge came to the conclusion that the accused had committed murder punishable under Secti