LAWS(HPH)-2011-8-61

STATE OF HIMACHAL PRADESH Vs. PREM CHAND

Decided On August 04, 2011
STATE OF HIMACHAL PRADESH Appellant
V/S
PREM CHAND Respondents

JUDGEMENT

(1.) AGAINST the conviction and sentence passed by the learned trial Court in criminal case No. 87 -II of 2000 decided on 9.7.2003, Respondent herein filed the appeal No. 23 -B of 2003 before the Court of Sessions which came to be decided by the learned Additional Sessions Judge, Kangra at Dharamshala, whereby it was set aside and the Respondent was acquitted mainly on the ground that there have been material contradictions in the statements of the witnesses rendering the prosecution case doubtful.

(2.) SHRI P.M. Negi, learned Deputy Advocate General vehemently argued that the grounds of acquittal are perverse and based upon surmises and conjectures and not borne out from the record and prayed to restore the judgment of conviction and sentence passed by the learned trial Court.

(3.) I have considered the rival contentions of the parties and have carefully re -appraised the evidence on record.