STATE OF HIMACHAL PRADESH Vs. DEEP CHAND

JUDGEMENT

(1.) A challenge has been laid by the State to the judgment dated 12.8.1997 of the learned Sessions Judge, Mandi in Sessions trial No. 28 of 1996, whereby respondents, who were charged with and tried for offence, under section 302 read with section 34 of the Indian Penal Code, have been acquitted.

(2.) PROSECUTION case, in a nutshell, is that respondentNo.2 Atma Ram is resident of village Marhog in Tehsil Karsog, District Mandi.

(3.) PROSECUTION examined a number of witnesses to prove its case against the respondents. Respondents were examined under section 313 of the Code of Criminal Procedure. According to respondent No.1, his brother has falsely implicated him and his father due to enmity. He has also stated that Lab Singh wanted to kill him with sickle. According to respondent No.2, Labh Singh told the villagers that we have killed Krishna Devi -. He reached the spot after hearing the noise. Villagers told him that Krishna Devi has died. According to him, false case has been registered against him. He has also stated that Labh Singh wanted to acquire the entire land.