STATE OF HP Vs. HARI DUTT

JUDGEMENT

(1.) The present criminal appeal has come up for consideration after leave to appeal has been granted, under Section 378 (3) Cr.P.C., in reference to the impugned judgment, dated 17.2.1999, passed by the learned Sessions Judge, Shimla, in Sessions Trial No. 24-S/7 of 1998, acquitting the respondent- accused for the alleged offence, under Section 307 IPC.

(2.) In order to adjudicate the criminal appeal, it is necessary to give the factual back ground of the case.

(3.) According to the prosecution, injured Ashok Kumar's mother's father, i.e. Nana had no male issue and accused Hari Dutt being his collateral had a feeling that on his death his entire property including land situated in village Shuhal would come to Ashok Kumar. However, on death of the Nana of Ashok Kumar, the mother of injured Ashok Kumar inherited the entire property of Nana of Ashok Kumar including the land and in that context, PW-5 Smt. Uttami Devi, the mother of Ashok Kumar shifted to village Anu and started cultivating the land.