JUDGMENT

Sangeet Lodha, J. - Heard learned Public Prosecutor and learned counsel appearing for the respondents. Carefully perused the record.

2. This leave to appeal u/s. 378 Cr.P.C. has been preferred by the State, aggrieved by the judgment and order dated 3.9.16 passed by the Sessions Judge, Churu, in Sessions Case No.14/13, acquitting the accused-respondents Balwan Singh, Pawan Kumar and Vipin Kumar of the charges for offences under Sections 302 or 302/149, 120 B IPC and Raman @ Ramal @ Ramla of the charge for offence under Section 302/120B IPC.

3. Succinctly stated, the prosecution case emerging from the record is that complainant Vijendra Singh submitted a written report (Ex. P/20) on 6.2.09 at 8.00 PM before the Station House Officer, Police Station, Rajgarh, District Churu to the effect that on 6.2.09 at about 4.00 PM, he along with his cousin brother Virendra Singh reached Sheetla market, where Virendra Singh went to the barber shop while saying Gyansingh who was driving the vehicle to come after taking turn. The complainant was sitting on the rear seat of the vehicle. Gyan Singh took turn of vehicle from the road near Maszid, they saw that when Virendra reached the Sheetla