JUDGMENT 1. - This appeal owes its origin from the judgment dated 23.9.1997 of the learned Special Judge, SC/ST (Prevention of Atrocities) Cases. Sawaimadhopur whereby the accused appellant had been convicted under Section 304 Part II IPC and sentenced to seven years" rigorous imprisonment and fine of Rs.5,000/-. In default of payment of fine to further undergo one years rigourous imprisonment. 2. The brief facts of the case are that on the basis of Parcha Bayan of Badri. PW 3 a First Information Report came to be instituted by Police Station Kotwali, Sawaimadhopur. After investigation charge-sheet under Section 302 IPC was lodged. The case was committed to the Court of Sessions and charges under Section 302, 323, 302/34 IPC were framed against the accused petitioner. The accused petitioner pleaded not guilty and pleaded trial. The prosecution examined as many as 15 witnesses and exhibited 20 documents. Thereafter the statement of accused appellant under Section 313 was recorded. Two defence witnesses were examined by the court. Learned Court below, after hearing the rival submissions convicted the accused appellant as indicated above. 3. I have reflected over the submissions made by Mr. Rajendra Kumar Sharma, learned counsel for the accused appellant and Mr. M.L. Goyal, learned PP and have carefully scant the material on record. 4. Admittedly, deceased Kishan Lal sustained only one injury on his scalp by blunt weapon and he died as a result of the said injury. Badri, PW 3 who is the eye- witness of the occurrence and real brother of the deceased Kishan Lal, in his examination in chief deposed thus : "Bajranga inflicted one lathi blow on the head". It is not necessary for me to examine rest of the witnesses adduced by the prosecution. Suffice is to say that one injury sustained by the deceased Kishan Lal was attributed to accused appellant as well as one Kedar and it cannot be said beyond reasonable doubt that it was the blow inflicted by accused appellant which resulted in death of the deceased. The prosecution, thus has failed to prove the guilt against the accused appellant. 5. Resultantly, the appeal stands allowed. The conviction and sentence of the accused appellant under Section 304 part II IPC stands set-aside and he is acquitted from the charge under Section 304 part II IPC. He shall be released forthwith if not required in any other case. The prosecution, thus has failed to prove the guilt against the accused appellant. 5. Resultantly, the appeal stands allowed. The conviction and sentence of the accused appellant under Section 304 part II IPC stands set-aside and he is acquitted from the charge under Section 304 part II IPC. He shall be released forthwith if not required in any other case. The record of the case be sent forthwith. *******