BHANDARI, J.—Indersirgh respondent has been acquitted of the offence under sec. 302 IPC by the Additional Sessions Judge No. 2, Jodhpur, and the State has filed this appeal. He was charged for having committed the murder of Abdul Salam, who resided at Jodhpur and carried on the business of purchasing and selling goats and sheep. For purchasing sheep and goats, he used to go outside Jodhpur to various villages where sheep and goats abound. It is alleged by the prosecution that on 10th April, 1963, he left Jodhpur with a sum of Rs. 2,000/- and went to several villages in Shergarh Tehsil. When he did not return after 7/8 days, as promised by him, his uncle Abbas (PW. 1) sent Abdul Razzaq (PW. 13) and Mustafa (PW. 2) in search of him to Shergarh and Shetrawa. They brought the information that Abdul Salam alias Sheroo had purchased two goats from Ranidan Singh (PW. 11) at village Asarlai but beyond that his whereabouts could not be traced. Another party consisting of Allahdin (PW. 10), Abdul Razzaq (PW.13), Mohammed (PW. 15) and Ismail was then sent to village Asarlai.

2. Abbas also submitted a written report at Jodhpur. This report was sent to Police Station, Dechu, where First Informat

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