BHANDARI, J.

( 1 ) THIS is an appeal on behalf of the State against the judgment of the Additional sessions Judge, Jodhpur, by which he acquitted Shiv Singh respondent of a charge under Section 302, I. P. C.

( 2 ) THE prosecution case is that the respondent Shivsingh murdered his own son mohan in the early hours of the morning on the 24th of February 19s7. The motive for the murder is said to be that the deceased did not comply with the wishes of his father in making a compromise with his maternal grand-mother Mst. Shivi and in spite of the strong objection on his behalf, he entered into a compromise with her on the 20th, of February, 1957. The litigation was about some immoveable property and under the terms of the compromise, it was partly held to be of Mohan and partly of Mst. Shivi. The accused tried to persuade Mohan to go back on the compromise. To this the deceased did not agree. The accused thereupon threatened to skill him and made up his mind to do so and with that end in view, he purchased a sword for Rs. 3/-from a kabari Dildar Khan on the 23rd of February 1957. He took that sword to Badri Lal for sharpening and got it sharpened on payment of annas eight. The