STATE OF HIMACHAL PRADESH Vs. BRAHAM DASS

JUDGEMENT

(1.) THIS appeal by the State is directed against the judgment dated 24th August, 2002 delivered by the learned Additional Sessions Judge, Hamirpur, whereby the accused persons were acquitted of having committed offence punishable under Section 304 Part -I read with Section 34 of the Indian Penal Code.

(2.) THE facts relevant for the discussion of this case are that Beasan Devi (deceased) was married to accused Braham Dass. She had grown -up children and her elder son is the second accused, Surinder Kumar, who at the relevant time was working as Chowkidar in the school.

(3.) AT the very outset, it would be pertinent to mention here that accused No.1, Braham Dass, husband of the deceased died during the pendency of the appeal and the appeal stands abated against him and therefore, we are only considering the evidence on record which is against the son of the deceased, Surinder Kumar.