STATE OF HIMACHAL PRADESH Vs. VIJAY KUMAR

JUDGEMENT

(1.) THIS appeal by the State is directed against the judgment dated 2.4.2004 delivered by the learned Additional Sessions Judge (I), Kangra at Dharamshala in Sessions Case No. 1P/2001, whereby he acquitted the accused persons of having committed offences punishable under Sections 302 and 307 read with Section 34 IPC.

(2.) THE prosecution story, in brief, is that on 3.9.2000, at about 1 a.m., PW1, Vikram Singh, lodged a report, Ext. PW1/A at Police Post Panchrukhi. In this report, it was mentioned that PW5, Surinder Kumar had informed PW1, Vikram Singh, that Lakhbir Singh alias Lucky (brotherinlaw, being wife's brother of Vikram Singh) had been murdered with a 'khukhari' by Rana alias Sushil Kumar and his maternal uncle, Vijay Kumar and dead body of Lakhbir Singh was lying at a place, known as 'darati'.

(3.) THE star witnesses of the prosecution, PW5 and PW6 have turned hostile. PW5 was seriously injured and had received grievous injuries in the incident. His version is that they were attacked by some persons, who gave 'khukhri' blow to them. He further stated that because it was dark, he could not identify the assailants. Similar is the version of PW6.