STATE OF HIMACHAL PRADESH Vs. JOGINDER SINGH

JUDGEMENT

(1.) Aggrieved by acquittal of respondent -accused vide judgment dated 12.11.2007, passed by learned Additional Sessions Judge, Fast Track Court, Kullu, District Kullu in Sessions Trial No. 7 of 2008, in case FIR No. 411 /2007 dated 27.07.2007 registered under Section 302 of the Indian Penal Code in Police Station Kullu, District Kullu, H.P., the State has preferred present appeal with prayer to set aside impugned judgment and to convict respondent -accused under Section 302 of the Indian Penal Code.

(2.) Heard. Mr. P.M. Negi, learned Deputy Advocate General for the appellant -State has advanced arguments that there is sufficient evidence on record to prove the guilt of respondent -accused under Section 302 of the Indian Penal Code and prayed for allowing the appeal whereas Ms. Kanta Thakur, legal aid counsel for the respondent -accused has submitted that prosecution has failed to prove the case beyond reasonable doubt and there is no circumstance incriminating respondent -accused and has sought dismissal of the appeal.

(3.) As per prosecution story, on 23.07.2007 respondent -accused Joginder Singh had telephonically informed PW -2 Guddu that his brother Virender had been murdered and had asked to inform PW -19 Sher Singh, elder brother of respondent -accused about this incident. PW -2 Guddu had informed PW -19 Sher Singh and his family. PW - 2 Guddu, PW -19 Sher Singh, Amar Singh and Murtu Devi had reached in the house of deceased Virender at about 2.30 AM. Many villagers had already assembled there. At about 4.00 AM, PW -19 Sher Singh had telephonically informed PW -3 Rajesh Kumar Vice President of Gram Panchayat Benchi regarding incident. PW -3 Rajesh Kumar had gone to Police Station, Kullu at about 6.00 AM to report the incident personally as his telephone was out of order. On the basis of information supplied by PW -3 Rajesh Kumar rapat No. 24, dated 24.07.2007 Ex. PP was recorded in Police Station, Kullu.