STATE OF H. P. Vs. PREM RAJ

JUDGEMENT

(1.) Instant appeal has been preferred by State of H.P. against judgment dtd. 23/4/201, passed by the Sessions Judge, Kinnaur at Rampur Bushahar in Sessions Trial No. 32 of 2010, titled as State of H.P. Vs. Prem Raj alias I.D., whereby respondent has been acquitted in case FIR No. 67 of 2010, dtd. 28/3/2010, Registered under Sec. 302 of the Indian Penal Code (for short the "IPC"), in Police Station Rampur Bushaher, District Shimla, H.P.

(2.) Prosecution case in brief is that on 27/3/2010 Bhupesh (PW-3), Sangram Singh (PW-5), Bhupinder and deceased Sanjay, started consuming liquor at 11:00 A.M. on the back side of dhaba of respondent- accused Prem Raj by taking glasses from Prem Raj. Late evening, respondent Prem Raj also joined them and thereafter respondent asked them to return the glasses, as he had to close the dhaba, whereupon an altercation took place between deceased and respondent. After that, all of them left the place to go their homes. On the way again there was altercation between deceased and respondent. Bhupinder, Bhupesh and Sangram Singh parted their way to their homes with advice to deceased and respondent not to quarrel.

(3.) Further case of the prosecution is that at about 8.30 P.M., Dev Kali (PW-8) noticed deceased and respondent quarreling near her residence situated nearby the house of deceased Sanjay. She also noticed that during that quarrel respondent was extending threat to kill Sanjay and ultimately when Sanjay went down to the place where respondent was, respondent beat and pushed Sanjay from the cliff (dhank) and proclaimed that right treatment has been given to Sanjay.