STATE OF HIMACHAL PRADESH Vs. DHARMENDER KUMAR

JUDGEMENT

(1.) THE present Criminal Appeal has come up for adjudication after the grant of leave to appeal under Section 378(3) of Code of Criminal Procedure against the judgment dated 5.6.2001, passed by Learned Sessions Judge, Sirmaur District at Nahan H.P., in Sessions Trial No. 10 - ST/7 of 2000, for the offence under Section 302 read with Section 34 of the Indian Penal Code acquitting the accused -Respondents in reference to the death of Hori Lal (deceased) working as Lineman in Telephone Exchange at Kala Amb.

(2.) THE case of the prosecution is that in the intervening night of 24.1.1998 and 25.1.1998 when Hori Lal (deceased) did not come back to his house, his wife started enquiry regarding whereabouts of her husband. On 25.1.1998 a message was received by the police at Police Post, Kala Amb that a dead body was lying near Kali Mata Temple near Main Thapal. Accordingly, ASI Shyam Lal visited the spot and started investigation. After investigation, it was found that injuries on the person of Hori Lal (deceased) were caused by the sword and blunt weapon.

(3.) IN order to prove its case, prosecution examined as many as 17 prosecution witnesses.