(1.) THIS criminal appeal is directed against the judgment dated 31.08.1996 passed by Additional Sessions Judge No. 1, Udaipur (hereinafter referred to as 'the trial court') in Sessions Case No. 39/95, whereby the trial court has acquitted the accused respondent for the offence punishable under Section 302 IPC.
(2.) BRIEF facts of the case are that on the basis of oral information, written as Ex. P/25, given by PW -20 Keshu Lal S/o Lalaji, the Police Station, Sayara, District Udaipur registered the FIR No. 41/1995 (Ex. P/22) on 22.05.1995 at about 12:30 PM against the accused respondent for the offence punishable under Section 302 IPC.
(3.) THE accused respondent was arrested by the police on 30.05.1995 and after concluding the investigation, the police had filed charge -sheet against the accused respondent for the offence punishable under Section 302 IPC. The matter was committed to the trial court and during the trial, the prosecution got examined as many as 20 witnesses and also exhibited several documents. The statement of the accused respondent was recorded under Section 313 Cr.P.C., however, no person was examined as witness in defence.