STATE OF H.P. Vs. OM BHADUR

JUDGEMENT

(1.) This appeal is instituted against Judgment dated 29.9.2008 rendered by learned Additional Sessions Judge, Shimla, Himachal Pradesh in Sessions Trial No. 6-S/7 of 2008, whereby appellant-accused (hereinafter referred to as 'accused' for convenience sake), who was charged with and tried for offence under Section 302 of the Indian Penal Code, has been acquitted.

(2.) Case of the prosecution, in a nutshell, is that at about 7.30 pm, on 22.12.2007, one Rajbeer was brought to IGMC for medical treatment. Rohit, Shashi Kant, Nitin and Sandeep had gone there. Rajbeer was given medical treatment. Nitin, Rajbeer and others were taken on motor cycle and dropped at Dhalli. In the meantime, Rohit, Shashi and Sandeep were going on motor cycle . The motorcycle was being driven by Sandeep. While they were on their way, a vehicle came from opposite side.

(3.) Prosecution has examined as many as 20 witnesses to prove its case against the accused. Accused was also examined under Section 313 CrPC. He pleaded innocence. Trial Court convicted and sentenced the accused as noticed above. Hence, this appeal.