STATE OF H P Vs. GURU DUTT

JUDGEMENT

(1.) THE State is in appeal against acquittal of the respondents, who shall hereinafter be referred to as the accused, for the offences under Sections 325 and 323 read with Section 34 of the Indian Penal Code (IPC) by the learned Chief Judicial Magistrate, Una, H.P. vide judgment dated 27.6.2001.

(2.) INITIALLY the accused were sent up to face trial to the Court of Sessions under Sections 325, 307 and 323 read with Section 34 IPC. However, the learned Sessions Judge concluded that since the offence under Section 307 IPC was not made out, the case was made over to the learned trial Court for framing of charge and trial under Sections 325 and 323 read with Section 34 IPC.

(3.) THE weapon of offence was recovered by the police pursuant to the disclosure statement made by A-1 Guru Dutt.