Kanwaljit Singh Ahluwalia, J.

1. On the intervening night of 25th and 26th November, 2011, on the road going from Sewad Badi to Sutot, murder of Mohanlal Jat, brother of Parmeshwari Devi (PW.9) was committed by causing injury on the head with a stone. As per prosecution the said murder was committed by Pyarelal @ Mahendra S/o Mahadevaram @ Madharam (hereinafter called Pyarelal).

2. There is no direct evidence available with the prosecution and hence, the prosecuting agency relied upon circumstantial evidence to secure conviction of accused-respondent Pyarelal.

3. The Court of Additional Sessions Judge No. 1, Sikar vide impugned order dated 02.05.2016 recorded acquittal of accused-respondent Pyarelal. The acquittal of respondent Pyarelal has been assailed before this court by the complainant by filing D.B. Criminal Appeal No. 753/2016. State of Rajasthan has also filed D.B. Criminal Leave to Appeal No. 315/2016. Since the State of Rajasthan and the complainant have challenged the same impugned judgment, we shall decide criminal appeal filed by the complainant Parmeshwari (PW.9) and criminal leave to appeal preferred by the State of Rajasthan, together.

4. Registry has pointe