Honble HEDGE, J.–Being aggrieved by the judgment of the High Court of judicature for Rajasthan at Jodhpur in Crl. Appeal No. 329/82 dated 12.1.1988 whereby the High Court reversed the judgment of conviction and sentence awarded by the Sessions Judge, Hanumangarh, in Sessions Case No. 56/81, the State of Rajasthan has preferred this appeal.

(2). Briefly stated, the facts leading to this appeal are :

On 15.8.1981 between 4 and 4.30 p.m. one Hazoora Singh, resident of Jandawali, his daughter Amrao and Sadhu Singh were sitting under a tree near their house when they heard to bound shriek coming from a nearby house of Billu Majhabi whereupon it is stated that the said trio rushed to the place of occurrence and saw Mukhtiar Kaur (A-3), Bhajan Singh (A-2) had caught hold of the legs of one Malkiat Singh (deceased) while Teja Singh (A-1) was stabbing the said Malkiat Singh with a Kirpan. At amount the same time, many other persons of the village had also gathered at the spot and on seeing the crowd gathering, the alleged that the said Malkiat Singh died on the spot. Immediately thereafter Hazoora Singh went to Ram Pratap, Sarpanch of the village and informed him of the incident, who, in turn

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