1. The instant appeal has been preferred by the State of Rajasthan
for assailing by the judgment dated 15 th May, 2015 rendered by the
Division Bench of the High Court of Rajasthan in Criminal Appeal No.
788 of 2009 whereby the High Court, accepted the appeal preferred by
the respondent herein and acquitted him while setting aside the
judgment dated 10th December, 2008 passed by the Additional
Sessions Judge No. 1, Fast Track, Kota (hereinafter being referred to
as the ‘trial Court’) in Sessions Case No. 63 of 2007.
2. The trial Court had convicted the respondent for the offence
punishable under Section 302 of the Indian Penal Code, 1860 and
sentenced him to undergo life imprisonment and pay a fine of
Rs.100/-, in default of payment of fine, to further undergo 3 months
simple imprisonment.