JUDGMENT - SINHA D.D., J.:---Heard Shri Dhote, learned Additional Public Prosecutor for the appellant, and Shri Gupta, learned Counsel for the respondent.

2. The State has filed the instant appeal against the judgment and order dated 18-10-1989 passed by the Additional Sessions Judge, Nagpur in Sessions Trial No. 70/1996 whereby respondent is acquitted of the offence punishable under section 302 of Indian Penal Code.

3. The prosecution case, in nutshell, is as follows:---

The respondent and deceased Ramesh were the residents of village Banpuri and their agricultural fields were adjacent to each other. It is alleged that there was a quarrel between them for taking water from canal. The incident occurred on 6-12-1985. It is alleged that on that day deceased Ramesh was sitting at about 9.30 p.m. to 10 p.m. on the flag post. P.W. 4 Doma and Raghoba came there and also sat on the platform of the flag post. After taking meal, people of the village normally used to assemble near the flag post for chitchatting. On the day of incident, deceased Ramesh also came and sat on that platform. At the distance of about 60-70 feet from that platform towards West, there was a shop of the respondent. In

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