Mohammad Rafiq, J.

1. This appeal, on grant of leave, has been preferred by the State against judgment dated 20.07.1988 passed by Additional District and Sessions Judge, Bundi (for short ‘the trial court’), whereby the accused-respondent was acquitted of the charge for offence under Section 302 IPC.

2. The facts of the case are that on 12.10.1986 at about 7.15 A.M. complainant Kalyan (P.W.4) submitted a written report at Police Station Thana Dei alleging that on 11.10.1986 the complainant along with his mother Nandi, Sita Devi and Sumitra had gone to temple of Kankali Mata at Gram Guda Sadavartia from their village. They reached there at 6.00 P.M. The accused-respondent Durgalal was armed there with Kulhadi. When he heard the cry of Sita, who was sleeping nearby the Chowk, he rushed there and saw that Durgalal, armed with Kulhadi, attacked Sita. Villagers tied down the accused. Sita died due to injuries inflicted by the accused. On the basis of aforesaid information, a case was registered and investigation commenced. Upon completion of investigation, police filed charge sheet against the accused-appellant in the Court of Munsif and Judicial Magistrate, Nainwa from where the