STATE OF H.P. Vs. DALIP SINGH

JUDGEMENT

(1.) THE present appeal has arisen after leave to appeal has been granted under Section 378 of the code of Criminal Procedure in reference to judgment of acquittal dated 19.7.1996, passed by the learned Sessions Judge, Solan in Sessions Trial No. 1 -NL/7 of 1995, acquitting the Appellant of the offence under Sections 302 and 201 Indian Penal Code.

(2.) IN order to adjudicate the present appeal, it is necessary to give factual background of the case of the prosecution. It appears that on 12.10.1994, there was marriage of Rajbir Singh Gill which had taken place in village Dhella. Accused as well as Suleman (deceased) son of Shri Kalu resident of village Chanal Majra had also participated in the said marriage and had consumed alcohol with others. While going to his house, Suleman (deceased) was bibbing and was alleged to have accompanied Raghubir Singh.

(3.) AFTER investigation, it was revealed that Suleman had consumed excessive liquor while participating in the marriage ceremony and while going to his house, when he reached the house of Mukesh Dixit, in village Dhela, Dalip Singh came there. He was wielding an iron rod. He gave the blow of the iron rod on the shoulder of Suleman. Suleman fell down. Thereafter Dalip Singh dragged Suleman and threw him in the well. Accordingly Dalip Singh Appellant was charged sheeted for the offence under Sections 302 and 201 Indian Penal Code.