SHANKAR DASS Vs. STATE OF H P

JUDGEMENT

(1.) Respondents No. 2 to 7 upon having been tried by the learned Sessions Judge. Kangra at Dharamshala for the offence under Sections 302, 201 read with Section 34. Indian Penal Code stand acquitted vide the impugned judgment dated 3-11-1997.

(2.) The prosecution story briefly stated is this. The deceased Mohinder alias Varinder on 5-5-1997 was found in the area of Malan Chowk and proceeding towards Buhli Majhetli village. He appeared to be mentally upset. The residents of village Buhli Majhetli including the respondents mistook him as a thief and they started beating him. He was tied with a rope. On account of the injury sustained he died. On the next day that is 6-5-1997 his dead body was noticed by one Mahavir Singh in a drain by the side of the road. On the basis of the report made by him to the police the present case came to be registered. After the necessary investigation the respondents No. 2 to 7 were arrested challenged and sent up for trial.

(3.) The learned Sessions Judge upon consideration of the entire evidenced before him came to the conclusion that the prosecution had failed to bring home the offence against any of the six respondents. He accordingly acquitted each one of them of the offence charged against them vide the impugned judgment.