Mr. G.K. Vyas, J.

In this cr. appeal filed under Section 378(iii) and (i) of the Cr.P.C. the State of Rajasthan is challenging the validity of the judgment dated 31.7.1995 passed by the Addl. Sessions Judge, Badli in Cr. Case No. 21/1992 by which the learned trial court acquitted the respondent Shaitan Singh from the charge levelled against him under Section 302 IPC.

2. As per brief facts of the case a written complaint (Ex.P/5) was filed by the complainant Narpat Singh PW-9 at Police Station Bali, District Pali in which it was alleged that today on 11.12.1991 at about 8.30 pm my younger brother Tej Singh came at home while taking maize grass and put behind the house, at that time, respondent Shaitan Singh came there and gave 2-3 slaps by hand to him and asked why you have put this maize grass here. At that time, the complainant immediately went near Tej Singh and asked him to go home and after inconveniencing Shaitan Singh take him to his house and closed the door. Upon hearing noise my father Peer Singh aged about 60 years who was sitting in the Shiv Temple came in front of the house and made inquiry. My father went to the house of Shaitan Singh and ask him not to make qu