1. This an appeal filed by the State of Rajasthan against the judgment of the learned Addl. Sessions Judge, Ganga Nagar, dated 24-1-077 rendered in Sessions Case No. 54/76 State v. Prakash Chand whereby the learned Addl Sessions Judge has acquitted the accused respondent Prakash Chand of the offences under sections 302, 458, 429, 380 and 467 1PC by giving him benefit of doubt.

2. The facts necessary to be noticed for the disposal of this appeal briefly stated are, that deceased Gauri Shanker was owning certain land in village Jodhewala. Earlier. he was cultivating his land but later, he started giving it on theka'. Initially, a 'theka' was given to Sarpanch Shri Kaur Singh (PW 1) but in the fateful year, in which the murder of Shri Gauri Shanker has taken place, 'theka' of his land was given in favour of Prakash Chand, accused, for a sum of Rs. 6500/- & an agreement (Ex.P. 26) was executed in lieu thereof, Rs. 3000/- were paid at that very moment, but for the 244 State of Rajasthan v. Prakash Chand, Cr. L.R. (Raj.) 1994 . remaining amount of Rs. 3500/- a pro-note was got executed in favour of Shri Gauri Shanker, which has been marked as Ex. P/27. It is alleged that the n