JUDGMENT :

PUSHPENDRA SINGH BHATI, J.

1. In the instant criminal appeal, the appellant-State has challenged the judgment of acquittal dated 20.04.2000 passed by the learned Sessions Judge, Balotra, District Barmer (‘Trial Court’) in Sessions Case No. 3/99 (State of Rajasthan Vs. Neku Khan & Ors.), whereby the accused-respondents herein were acquitted of the charges against them under Sections 147 , 302 read with Sections 149 & 201 IPC.

2. The matter pertains to an incident which had occurred in the year 1998 and the present appeal has been pending since the year 2000.

3. Brief facts of this case, as placed before this Court by the learned Public Prosecutor appearing on behalf the appellant-State, are that one Samme Khan (complainant) lodged an FIR (Ex.13) dated 04.08.1998 at around 9:00 a.m., before the SHO, Police Station Mandli, alleging therein that on 03.08.1998, his father (Wali Khan) went to Patodi in connection with some work, but when on the same date, he (complainant’s father) did not return, the complainant and his mother became worried, in particular, on count of enmity and litigation between the complainant and the accused parties.

3.1. It was further alleged that in such ci