Kanwaljit Singh Ahluwalia, J.

1. On 25.3.1996 in the area of village Pali, Rajender son of Net Ram was said to have been murdered by respondent-Rajbir who was charged for offence under Section 302 IPC by the Additional Sessions Judge, Faridabad. After conclusion of the trial, Additional Sessions Judge (I), Faridabad, vide his judgment dated 9.2.1998 recorded acquittal of respondent-Rajbir.

2. State of Haryana by filing the present appeal has challenged acquittal of respondent-Rajbir and prays that he be convicted and sentenced for the office for which he was charged.

3. Net Ram PW-2 made statement Ex.PB to ASI Ram Pal PW-4, on the basis of which formal FIR Ex. PB/2, bearing No. 141 dated 25.03.1996 under Section 302 IPC was recorded at Police Station Sadar Ballabhgarh. Net Ram stated to the police that he was a resident of Criminal Appeal No. 384-DBA of 1998 village Pali but was employed as a teacher in a Government School at Delhi. His son was a student of 10th class at Delhi. His son arrived from Delhi in a private vehicle and was proceeding towards the house followed by the complainant. The accused was standing near the water supply tank of Village Pali and gave a lalkar