STATE OF H.P. Vs. SURENDER SINGH

JUDGEMENT

(1.) MR . Rajiv Rai, has been requested to assist this Court as amicus curiae on behalf of the Respondent -accused and he has agreed to assist this Court.

(2.) THE present Criminal Appeal has come up for adjudication after the grant of leave to appeal has been granted under Section 378(3) of the Code of Criminal Procedure in reference to judgment dated 30.8.2001 passed by Learned Sessions Judge Solan, H.P., in Sessions Trial No. 18 -NL/7 of 2000, under Sections 302 and 201 of the Indian Penal Code, acquitting the alleged Respondent -accused, in reference to FIR No. 39 of 2000.

(3.) AFTER investigation, Respondents -accused were charged for the aforesaid offences. In order to prove its case, the prosecution examined as many as 39 prosecution witnesses, whereas, the accused through their statements under Section 313 of Code of Criminal Procedure, have denied the prosecution case.