STATE OF H P Vs. SUKHVINDER SINGH

JUDGEMENT

(1.) Respondent herein was found guilty of offences punishable under Ss. 302, 449 and 324, I.P.C. by the Sessions Judge, Solan, Himachal Pradesh and was sentenced to undergo life imprisonment with a fine of Rs. 10,000 for the offence under Ss. 302, 10 years' RI with a fine of Rs. 5,000 for an offence under S. 449 and one year RI with a fine of Rs. 4,000 under S. 324. In an appeal filed by the respondent, the High Court of Himachal Pradesh, Simla, allowed the same, setting aside the conviction and sentence. It is against the said judgment of the High Court, the State of Himachal Pradesh is in appeal before us. Brief facts necessary for the disposal of this appeal are :

(2.) In support of its case the prosecution has relied upon the evidence of P.Ws. 1, 3, 5 and 6 as eye-witnesses. Out of them P.W. 2 did not support the prosecution case as he turned hostile. The trial Court accepted the evidence led by the prosecution and convicted the respondent, as stated above, and in appeal the High Court noticed certain serious discrepancies and contradictions in the evidence of the prosecution, hence, it thought it not safe to rely on the prosecution case to base a conviction. Accordingly, set aside the conviction and sentence imposed on the respondent.

(3.) Mr. J. S. Attri, learned counsel appearing for the appellant-State, contended that the contradictions noticed by the High Court in the prosecution evidence are minor in nature and the same have been considered by the trial Court which felt that these shortcomings in the prosecution case would not, in any manner, weaken the prosecution case. He further contended in that background the High Court erred in allowing the appeal solely on the basis of the said discrepancies or contradictions.