STATE OF U P Vs. HARJINDER SINGH

JUDGEMENT

(1.) The present appeal at the instance of the State is against the judgment dated 27.6.1996 of the learned Additional Sessions Judge, Mandi, H.P., whereby the respondent herein, who shall here-in-after be called as 'the accused', was tried for the offence under Section 307 IPC and Section 27 of the Arms Act 1959 and was ultimately acquitted.

(2.) It shall be pertinent to notice at the very outset that though initially a charge-sheet was laid against the accused and co-accused Surinder Kaur under Section 307 read with Section 34 IPC and Section 27 of the Arms Act, but, later on the co-accused Surinder Kaur was discharged by the learned trial Court at the stage of consideration on charge under Section 227 Cr.P.C, vide order dated 10.9.1992, as is also apparent from the array of accused given in the impugned judgment dated 27.6.1996. However, since even despite that co-accused Surinder Kaur was arrayed as respondent No. 2 in the present appeal, her name was ordered to be deleted vide an order of this Court, dated 29.7.1997.

(3.) The factual matrix of the prosecution case finds mention in the statement of the complainant, late Shri Mani Ram recorded by the police under Section 154 Cr.P.C. (Ex.PW-4/B), dated 17.3.1990, who, by the time the case went to the Court for trial, had already died in the year 1991, as stated by his son PW-4 Davinder Kumar. The statement is in Hindi and when the same is translated into English, is to the following effect: