JUDGMENT

N. Kotiswar Singh, J. - Heard Mr. S. Sahu, learned counsel for the appellant. Also heard Mr. D. Gogoi, learned counsel for respondent No.1 and Mr. M. Phukan, learned Additional Public Prosecutor, Assam.

2. A First Information Report was lodged on 17.05.2012 by one, Pranab Das (PW1), alleging that the deceased was hit on his head by a piece of brick by respondent No.1 after a quarrel and he was declared dead after being taken to Gauhati Medical College and Hospital (GMCH). Consequent upon the said complaint, necessary investigation was carried out and charge-sheet was filed against the respondent No.1.

3. Respondent No.1 was accordingly charged for committing offence under Section 302 IPC.

4. Prosecution examined as many as 8 witnesses to substantiate its case and adduced other evidences.

5. The trial Court, however, held that the prosecution failed to prove the charge beyond reasonable doubt and acquitted him of the charge under Section 302 IPC by giving benefit of doubt.

6. Being aggrieved by the aforesaid acquittal of respondent No.1, the present appeal has been filed by the widow of the deceased.

7. The prosecution case is discernible from the evidence of PW1 and PW2, who are