STATE OF H.P. Vs. DILWARA SINGH

JUDGEMENT

(1.) The State is in appeal against acquittal of the respondents, who shall here-in-after be referred to as 'the accused', pursuant to their trial for the offences under Sections 302, 201, 202 read with Section 34 of the Penal Code and Section 27 of the Indian Arms Act, by the learned Sessions Judge, Solan, camp Court at Nalagarh, District Solan, H.P., vide the impugned judgment dated 17.7.1996.

(2.) The accused were charged as under:

(3.) Brief facts of the case may be stated thus. Shri Karam Chand, deceased was a resident of village Tirla. On 21.3.1992, he was present at his house along with his wife PW-1 Smt. Radha Devi, children and father PW-3 Shri Sunder Lal, when at about 10.30 p.m., he was called by A-1 Dilwara Singh and A-2 Bhag Singh, to accompany them to the nearby jungle for hunting. It was in such circumstances that it is alleged by the prosecution that the deceased accompanied the aforesaid two accused for hunting and thereafter, he did not return to the village alive. On the next day, that is,, 22.3.1992, the dead-body of the deceased was noticed lying near a water pond situate out skirts of village Tirla. The wife of the deceased who was informed about it, rushed to the spot and found her husband lying dead near the aforesaid pond. As the news about the dead-body of the deceased lying near the pond spread in the village, many people gathered on the spot. It was observed that blood had oozed out of the head of the deceased. Thereafter, the dead-body of the deceased was brought to his house on a cot. On hearing about the death of his son, father of the deceased is stated to have fell unconscious.