SINGH, J. - (1.) Heard the learned Public Prosecutor for the State and the learned counsel for the respondent.
(2.) Respondent accused Bhera was tried by the learned Additional Sessions Judge, Sirohi on the charge under S. 302, I P.C. After conducting the trial, the learned Additional Sessions Judge acquitted the respondent. The State feeling aggrieved by the judgment of acquittal passed by the learned Additional Sessions Judge, Sirohi has filed this appeal.
(3.) The facts of the case may be briefly summarised as below : On 28-2-1976 at about 9 a.m. Bhura Ram reported at the Police Station, Abu Road that on the previous day i.e. 27-2-1976 a gathering has been arranged at the house of Bhana and he too attended that gathering. Several persons including Bhera (respondent) and Surma (deceased) attended that gathering. At about 8.30 p.m. Bhera told Bhura Ram that Surma was liable to pay Rs. 100/ - to him but for the last 3 years he was not paying that amount. Bhera, therefore, requested Bhura Ram that the amount of Rs. 100/- should be repaid to him otherwise a quarrel might take place. When Bhura Ram enquired from Surma the later denied having taken any loan from Bhera. After this Bhera (respondent) and Surma (deceased) started quarrelling with each other and while they were exchanging words they departed from the house of Bhana. Chopa and Heera also departed from the house of Bhana soon after the departure of Bhera and Surma. At about 9 p.m. human cry was heard coming from Bala and on hearing that Bhura Ram, Kala and Shanker went to the Bala. When they reached there they found that the dead body of Surma was lying on the ground and blood was coming out of his chest and Bhera was at that time running towards the road which leads to Dairy and Chopa and Heera were trying to apprehend him. Chopa and Heera ran after Bhera but they could not apprehend him, as Bhera succeeded in running away towards his house. Thereafter, Chopa and Heera returned towards the place where the dead body of Surma was lying and both of them told Bhura Ram that on account of demand of money a quarrel took place between Bhera and Surma and Bhera took out a dragger and saying that since Surma was not paying the money he would kill him and inflicted a dragger blow in the chest of Surma and thereafter, Bhera ran away with the dragger in his hand. On the basis of the information lodged by Bhura Ram the police registered a case under S.302, I.P.C. and commenced the investigation. ;