Honble GARG, J.–This appeal has been filed by the State of Rajasthan against the judgment and order dated 4.9.92 passed by the Learned Additional Sessions Judge, Churu in Sessions Case No. 35/1992 whereby he acquitted the accused respondent for offence under Sec. 307 I.P.C.

(2). This appeal arises in the following circumstances:-

i) On 31.10.88 P.W. 7 Ram Narayan lodged a written report Ex.P/6 before police Station Rajgarh, Dist. Churu at about 1.45 a.m. stating that on 30.10.88 at about 9.30 in the night when he was passing through the lane, he was stopped and attacked by the accused respondent with Barchhi with an intention to murder him and accused respondent was crying that ``he would certainly kill him and after each cry, he was causing injuries to him with Barchhi and thus he gave so many blows and made him severely injured. After hearing cry of P.W. 7 Ram narayan, his younger brother P.W.6 Girdhari came there and the intervened in the matter and saved him and apart from P.W. 6 Girdhari, this incident was witnessed by P.W. 5 Bhagwan Ram and P.W. 4 Nand Ram.

(3). On this report police chalked out regular FIR Ex.P/7 and started investigation.

(4). During investigation, P.W. 7 Ram N

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