JUDGMENT :

Rakesh Kainthla,J.

1. The present appeal is directed against the judgment dated 16.12.2010, passed by the learned Sessions Judge Hamirpur, District Hamirpur, H.P.,(learned Trial Court), vide which the respondent (accused before the learned Trial Court) was acquitted of the commission of an offence punishable under Section 302 of INDIAN PENAL CODE (IPC). (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience).

2. Briefly stated, the facts giving rise to the present appeal are that the police presented a challan against the accused before the learned Trial Court for the commission of an offence punishable under Section 302 of IPC. It was asserted that the deceased-Sandesh Kumar was the brother of the accused. He, accused, his brothers and parents were residing in the same house in different rooms. On 17.07.2010, the deceased, his parents, his wife and children were present in the house. At about 8:00 p.m. accused-Rakesh Kumar started generating smoke in the courtyard. His father Birbal Ram (PW-3) had breathing problems. Deceased-Sandesh went to the courtyard and asked the accused not to generate the