STATE OF HIMACHAL PRADESH Vs. HARI SINGH

JUDGEMENT

(1.) This appeal is filed by the State of Himachal Pradesh against the judgment dated 1 January, 1980 of the learned Sessions Judge, Mandi, Kullu and Lahaul Spiti Districts camp at Kullu before whom Hari Singh accused was tried but acquitted for the commission of the offences under sections 458 and 302,1. P. C. The sole question for determination in this appeal is "whether the learned court below has misappreciated the evidence and thus erroneously recorded the order of acquittal of the accused." The answer has to be infirm negative.

(2.) A brief reference may be made to the facts of the instant case to weigh the legality of the impugned judgment.

(3.) Shri Mela Ram since deceased and his sons originally hailing from village Jahan Khelan in District Hoshiarpur were carrying on their business at Manglore Village in District Kullu. PW 2 Mangat Ram was joint in business and residence whereas his brother Girdhari Lai PW 1 was separately carrying on halwais shop near the business premises of his father. At the material time, the accused was involved in a hotel business opposite to the shop of PW 1 in the same locality. Said Mela Ram was hard of hearing.