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 endorsem