JUDGMENT

Sema, J.-The sole respondent-accused was convicted by the learned Additional Sessions Judge (II), Kangra at Dharmshala for an offence under Section 302 IPC and sentenced to rigorous imprisonment for life and to pay a fine of Rs. 5000/- and in default to undergo further rigorous imprisonment for a period of six months. Aggrieved thereby, the respondent-accused preferred an appeal before the High Court, which was allowed by the impugned judgment and the sentence and conviction recorded by the Trial Court was set aside. Hence, this appeal by the State.

Briefly stated the facts are as follows :-

2. The accused and the prosecution witnesses are all from the same village Sug Tarkhana, Tehsil Indora, District Kangra. The accused and PW-5 Gian Chand were at loggerheads over the dispute of abadi and civil litigation between them was pending. The deceased Uttam Chand was employed as a carpenter at Delhi and had come to village on 5.8.1995 to attend the performance of first death anniversary of his mother. It is stated that on 14.8.1995 at about 10.00 A.M. Gian Chand - PW-5 had an altercation and quarrel with the accused Mast Ram with regard to the dispute over the abadi and the decease