Judgment :

Dr. Mukundakam Sharma, J.

1.1. This criminal appeal is filed by the State of Rajasthan being aggrieved by the judgment and order passed by the Rajasthan High Court on 18.07.2001 acquitting the respondent - accused from the charges under Sections 302 and 394 of the Indian Penal Code (hereinafter referred to as "the IPC"). The High Court acquitted the respondent of all the charges by setting aside the judgment and order of conviction passed against the accused by the trial court.

.2. Before discussing rival contentions of the parties, it would be necessary to set out certain facts leading to the filing of the first information report against the respondent under Sections 302 and 394 of the IPC. On 12.08.1993, Khushal Singh (PW-21), who was the then S.H.O. of the police station, Bassi received an information on wireless that someone by killing and also amputating the feet of a lady has taken away her silver anklets and that her dead body was lying near village, Kuthada. On receiving the aforesaid information, the SHO alongwith the police party rushed to the village, Kuthada where Sita Ram S/o Bhagwan Sahai submitted a written report, Exhibit P-7, on which he made an endorsement. On the basis of the aforesaid written report the police registered a case under FIR No. 302 of 1993 under Sections 302 and 394 of the IPC. On 13.08.2001 after registration of the said case, police started investigation.

.3. During investigation, PW-21 prepared an inquest report of deceased Guli Devi, which is exhibited as Exhibit P-8. Sumer Singh (PW-19), Circle Officer inspected the site on 13.08.1993 and prepared the site plan. He also took into possession the blood smeared clothes of the deceased, blood smeared soil, a cement piece of floor of kheli having bloodstains, one strap of wrist watch - Exhibit P-5, one lathi and one pair of shoe Exhibit P-6. He also recorded the statements of Smt. Mulli Devi, Ram Dayal, Gopal, Sanjay, Sita Ram, Mathura, Babu Lal, Smt. Chotta, Ramrai, Rameshwar and Ganesh under Section 161 of the Criminal Procedure Code (for short "the Cr.P.C").

2.4. The police thereafter went to Uttar Pradesh in search of accused Naresh and apprehended him in the village Pahadi, District Banda (U.P.) and brought and produced him before the SHO, Bassi, who in turn arrested him. It is alleged that Naresh on 20.01.1994 gave information, Exhibit P-17, under Section 27 of the Indian Evidence Act for the recovery of ornaments of deceased Guli Devi. It is also alleged that on the basis of the aforesaid information, PW-17, recovered a pair of silver anklets of feet, one pair of silver bracelets of hands, one pair of silver ear-rings and one golden nose-ring (nath) from Ramcharan and prepared memo, Exhibit P-14. Again on 27.01.1994 accused Naresh gave information, Exhibit P-18, to PW-21 for the recovery of "Khurpi" the alleged weapon of offence and pursuant to which PW-21 recovered "Khurpi" at the instance of accused Naresh under Exhibit P-10.

3.5. Dr. Kailash Narain (PW-1) conducted the postmortem report of Smt. Guli Devi, which is exhibited in trial as Exhibit P-1. According to the doctor all the injuries were antemortem in nature and the cause of death was hemorrhagic shock associated with Asphyxia due to compression of neck. Sugan Chand, Tehsildar, Bassi, examined as (PW-13), conducted the identification of ornaments and it is alleged that Rameshwar (PW-14), husband of deceased Guli Devi correctly identified ornaments of deceased -Guli Devi. After completion of the investigation, the police submitted charge sheet against the respondent herein under Sections 302 and 394 of the IPC in the Court of Judicial Magistrate, Bassi, who in turn, committed the case to the Court of Sessions. The learned Sessions Judge framed charges against the accused under Sections 302 and 394 of the IPC to which the accused pleaded not guilty and claimed to be tried.

4.6. During trial, the prosecution in support of its case examined as many as 21 witnesses and ex