UMA NATH SINGH, J.

( 1 ) THIS criminal appeal filed by the State arises out of a judgment dated 13/11/1995 passed by learned Sessions Judge, Sajapur in Sessions Trial No. 336/91 acquitting accused Sanjay, Sitaram and Rajesh of charge under Sections 302/34 of the Indian Penal Code. The State preferred this appeal with application for leave to appeal, which was granted only in respect of accused respondent Sitaram.

( 2 ) BRIEFLY narrated the facts of the prosecution case giving rise to this criminal appeal are that on 6. 7. 1991 at about 11 Oclock in the day time deceased Balvir Singh was at home. Adjoining his house was situated a building known as Sanjay Lodge which belonged to accused. The said building was under construction on the date of incident. At about 10 Oclock on the date of incident some bricks fell on the house of the deceased from the second storey of the adjoining house. The deceased objected to that and cautioned the accused against such negligence. Being infuriated all the three accused, namely, Sanjay, Sitaram and Rajesh came out. At that time, Jasubai (PW 1), wife of the deceased was cooking food inside the house and the deceased was standing nearby Hearing the sh

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