ARUN KANUNGO Vs. D. PAKYNTEIN

JUDGEMENT

(1.) THE State is before us aggrieved by and dissatisfied with a judgment of acquittal passed by a Division Bench of the High Court of Himachal Pradesh, Shimla in Criminal Appeal No. 41 of 1994.

(2.) SARWAN Singh (since deceased), Jagtar Singh (since deceased) as well as Nazar Singh and Baldev Singh, respondents herein were prosecuted for commission of an offence under S.302 read with S.34 and S.323 read with S.34 of the Indian Penal Code (for short, "the Code") for causing death of one Lamber Singh and simple hurt to one Avtar Singh.

(3.) AVTAR Singh alias Bittu (PW 2) also reached there. Both these witnesses attempted to save him but were attacked by them. Avatar Singh allegedly was hit by Sarwan Singh with the handle of broken gandasi on his right arm. Further, the prosecution case is that all the convicts went towards cattle shed using abusive language threatening to kill them. The motive for the said incident is said to be a quarrel which had taken place 20 days prior thereto at the time of solemnization of the marriage of two nieces of PW 1.