STATE OF HIMACHAL PRADESH Vs. SHAKTI CHAND

JUDGEMENT

(1.) STATE has filed the instant appeal assailing the judgment dated 2.4.1994, passed by Additional Sessions Judge, Mandi, in S.T. No. 29/91, titled as State vs. Shakti Chand alias Platu. In terms of impugned judgment, accused stands acquitted of having committed an offence punishable under Section 302 of the Indian Penal Code.

(2.) MR . Vikram Thakur, learned Deputy Advocate General, assails the judgment on the ground that conduct of the accused, prima facie establishes his guilt.

(3.) BRIEFLY stated, prosecution case is that on 29.1.1990, Smt. Dharmi Devi (deceased), wife of accused Shakti Chand was brought to the hospital after she sustained burn injuries. She was medically examined by Dr. A.R. Raghu (PW -9), who issued Medico Legal Certificate (Ext. PW -9/A) recording that the injured sustained 82% burn injuries. Unfortunately, Dharmi Devi expired the following day, i.e., on 30.1.1990. Matter was brought to the notice of police and FIR No. 33 of 1990 dated 30.1.1990 (Ext. PW -7/B) was registered at Police Station, Balh.