JUDGMENT

Dr. Arijit Pasayat, J. —

1. Leave granted.

2. Challenge in this appeal is to the judgment of a Division Bench of the Rajasthan High Court, Jaipur Bench, directing acquittal of the respondent.

3. Learned Sessions Judge, Sikar, in Sessions case No. 97 of 1999 had found the respondent guilty of offence punishable under Sections 302, 316 and 309 of the Indian Penal Code, 1860 (in short the ‘IPC’) and had sentenced him to undergo imprisonment for life, seven years and three years imprisonment respectively, fines were also imposed with default stipulation. In appeal, acquittal was directed.

4. Prosecution version in a nutshell is as follows:

The complainant, Kishore son of Mal Chand Raiger got registered a First Information Report (Exhibit P-1) in the Police Station Losal on 22.3.1999 to the effect that his brother Narain used to reside in the house of Ramdeva Ram near their old house. In the morning hours his son Sushil came to call him and told that his mother and father are inside the house and the door is closed from the inside but none of them got up even after calling them. Then he saw that both of them were sleeping on a bed. They raised noise and the people gathered ther