S.P. Pathak, J.-This D.B. Criminal Leave to Appeal under Section 378(3) CrPC is directed against the Judgment dated 110.2004 passed by Sessions Judge, Hanumangarh in Sessions Case No.59/2004 (68/2003) - State vs. Mukhram, whereby accused Mukhraj has been acquitted of the offence charged with under Section 302 & 279 IPC

2. Briefly stated, the facts giving rise to the present case are that on 25.06.2003 at about 7 PM, PW. 11 Krishanlal, brother of deceased Mani Ram, lodged a verbal report ExhibitP/11 in the Police Station Goluwala inter alia stating therein that his brother Mani Ram, aged about 35 years, who was doing the work of Motor-driver was in the habit of taking liquor and Dodapost and because of his these bad habits, nobody was prepared to keep him in service as such he used to roam around without any work. It was further stated that on the day of incident at about 5:30 AM while the complainant was proceeding towards his village and reached at the bus-stand Ganganagar, he saw that Krishanlal was quarrelling with his brother. At that time Mukhram accused was also there. Krishanlal and Mukhram both started beating his brother and Krishanlal told accused Mukhram to driv