JUDGMENT

Per Hon’ble R.P. Soni, J.

1. This appeal is directed against the judgment and order dated 09.08.1990 rendered by Additional Sessions Judge, Bali, (District Pali), in Sessions Case No.13/1986 (63/1983) acquitting the respondents-accused for the offence punishable under Section 302 in alternate 302/34 of the Indian Penal Code. Both the accused were charged and tried for allegedly committing murder of Pyari Bai on 13.05.1983 between 11.30 a.m. to 1.30 p.m. suffocating her by stuffing a cloth into her mouth.

2. The facts necessary to be noticed for disposal of present appeal against acquittal, briefly stated, are that on 13.05.1983 at about 2.15 p.m., constable Jeeva Ram (PW-12) of Police Station Bali (District Pali) gave an oral information (ExP-11) to the effect that when he reached Gandhi Chowk at about 2.00 p.m. while patrolling in the town, he saw a crowd there. People in the crowd were saying that an aged woman had been murdered by stuffing a cloth into her mouth. He went to Khardia Bas, where, a large crowd was gathering outside the house of Babulal Jain which was situated adjacent to municipality building. Wife of Babulal Jain Bhagyawanti was present in the house. Some pe