Mr. P.K. Lohra, J.

Appellant-State of Rajasthan by the instant appeal questions legality and propriety of impugned judgment dated 02.05.1998 rendered by the Sessions Judge, Sirohi (for short 'learned Trial Court') whereby learned Trial Court has acquitted accused respondents for offences under Sections 302/34, 302/114 of Indian penal Code by extending benefit of doubt. At the threshold, the appellant laid Criminal Leave to Appeal by invoking Sub-section (3) and Sub-section (1) of Section 378 Cr.P.C. The leave craved for was granted by the Court vide its order dated 07.10.1998 and accordingly, leave to appeal was ordered to be registered as regular appeal.

2. The facts apposite for the purpose of this appeal are that on 02.07.1995 at about 11.45 a.m. Punaram (PW-4) submitted a written report (Ex.P/14) before SHO, Police Station, Sheoganj wherein an incident of previous night i.e. 01.07.1995 is narrated. As per written report dated 01.07.1995 at about 8:00 to 9:00 p.m. when complainant (PW-4) was at his residence, he heard a noise just opposite Babulals house and, therefore, he immediately rushed to the spot and saw all the accused respondents and one Bagdaram running to their house. The report further unfolds that Prabhu Ram and Bagdaram were carrying lathies in their hand and when he reached at the open space within the periphery of Babulal's house, he saw Babulal lying on the floor and his head was profusely bleeding. The written report further narrates that complainant helped Babulal to reach his house and thereupon Babulal informed him that earlier his son Prakash and son of Prabhuram, Bagdaram fought and therefore he (Babulal) made efforts to pacify them by intervening and also tried to sort out the dispute. As per the version of written report, Babulal conveyed to PW-4 that on seeing this incident, the accused respondents Prabhulal and Bhuraram well armed with lathies reached at the site in presence of Narainlal and Narainlal instigated both of them to liquidate him (Babulal). The written report attributed a blow of stone on the head of Babulal by accused Bhuraram and Bagdaram whereas Prabhuram was assigned role of giving blow of lathi on his head. Due to injuries cause to Babulal, he fell down on the floor and became unconscious. The complainant has also stated in the written report that wife of Babulal and his two sons Bhanwarlal and Prakash also reached at the spot and, therefore, all the accused respondents fled away from the spot. The complainant has also narrated a fact that despite efforts being made, no vehicle was available for taking injured Babulal to hospital and, thereafter, at midnight, Babulal succumbed to the injuries. In substance in the written report, the complainant has categorised Babulal's death as homicidal act committed by the accused respondents.

3. Taking note of written report, PW-11 Moolaram, ASI registered FIR (Ex.P/18) for the offences under Sections 302/34 and 302/114 IPC against the accused respondents and proceeded for investigation. After completing the investigation, the accused respondents were arrested and charge-sheet was submitted against them before the Judicial Magistrate, Sheoganj and subsequently the case was committed to the learned Trial Court.

4. The prosecution examined 13 witnesses for proving charges against the accused respondents. That apart. 26 documents were exhibited by the prosecution. After conclusion of evidence of prosecution, statements of accused respondents under Section 313 Cr.PC. were recorded. Learned Trial Court upon close scrutiny of the prosecution evidence noticed serious pitfalls in the prosecution case and had also taken note of factum of delay in lodging the FIR for acquitting the accused respondents. The learned Trial Court while analysing entire prosecution evidence in conjunction with medical evidence found that prosecution has failed to establish guilt against the accused-respondents. Therefore, taking note of various mitigating factors and a