JUDGMENT :

(Pushpendra Singh Bhati, J.) :

1. This criminal appeal has been preferred by the appellant-State claiming the following reliefs:

“It is, therefore, respectfully prayed that the leave to appeal in the present matter may kindly be granted and entertained and accepted the appeal. It is further prayed that the order of the learned Addl. Sessions Judge, Raisinghnagar dated 28.10.1992 may kindly be set aside and the accused respondent be convicted and sentenced for the offences punishable under section 302 I.P.C.”

2. The matter pertains to an incident which occurred in the year 1991 and the present appeal has been pending since the year 1995.

3. The appellant-State laid a challenge to the judgment dated 28.10.1992 passed by the learned Additional District & Sessions Judge, Raisinghnagar, in Sessions Case No.31/91 (State of Rajasthan Vs. Angreysingh), whereby the present accused-respondent Angrej Singh has been acquitted of the charge under Section 302 IPC.

4. As the pleaded facts and the record would reveal, at around eight kilometres away from the Police Station, Vijay Nagar, there existed a Chak namely, 3 BL, where Choto (wife of the accused-respondent) was residing, due to uncord