STATE OF HP Vs. GURMITO

JUDGEMENT

(1.) The present Criminal Appeal has come up for adjudication after the grant of leave to appeal under Section 378 (3) of the Code of Criminal Procedure has been granted in reference to judgment dated 1.5.1999, passed by Learned Sessions Judge, Kangra at Dharamshala, H.P., in Sessions Case No. 17N/VII/98, under Section 302 and 201 read with Section 34 of the Indian Penal Code, acquitting the alleged accused/respondents.

(2.) The accusedrespondents were charged for the aforesaid offences in respect of committing murder of Jagbir whose dead body was lying across river Chakki, on which information one Tilak Ram and Smt. Lilo alongwith others went to the spot and thereafter the police was informed.

(3.) In order to prove its case, the prosecution has examined as many as 20 prosecution witnesses, whereas, the accused through their statement under Section 313 of Cr.P.C., have shown their innocence and denied the prosecution case.