STATE OF H P Vs. TAPE RAM

JUDGEMENT

(1.) The State is in appeal against the judgment dated 17.7.1996 of the learned Sessions Judge, Kinnaur at Rampur Bushehar, whereby the Respondents herein, who shall hereinafter be referred to as the accused (denoted as A-1 and A-2), were tried for the offence under Section 307 read with Section 34 of the Indian Penal Code and were ultimately acquitted.

(2.) In brief, the case of the prosecution is that on 19.7.1993 at 7.50 p.m. information about the occurrence pertaining to this case was received at Police Post, Anni, vide DDR No. 11 (Ext. PW11/A) from Dr. Tejbir Singh (PW1), Medical Officer, RH, Anni to the effect that Bhag Chand (complainant), who had suffered gun-shot wounds, had been brought to the hospital. Accordingly, PW11 Dy. S.P. (Retd.) Sant Ram, the then SDPO, Anni proceeded to the hospital where he recorded statement Ext. PW6/A of the complainant, PW-6 Shri Bhag Chand, under Section 154 of the Code of Criminal Procedure, which is in Hindi and when translated into English is to the following effect:

(3.) Consequently, FIR Ext. PW12/B was registered, under Section 307 IPC. The complainant, who was already admitted in the hospital, was got medically examined from PW1 Dr. Tejbir Singh, vide application Ext. PW11/B, who issued MLC Ext. PW1/A and referred him to IGMC, Shimla, where on admission on 20.7.1993, he was examined and treated by PW2 Dr. Anil Malhotra, vide case summary Ext. PW2/A. He was discharged on 23.7.1996, vide discharge slip Ext. PW2/B.