STATE OF HIMACHAL PRADESH Vs. KALU

JUDGEMENT

(1.) Aggrieved by acquittal of respondent -accused vide judgment dated 18.07.2012, passed by the learned Sessions Judge, Sirmaur, District at Nahan in Sessions Trial No. 29 -ST/7 of 2011/2010, in case FIR No. 81 /2010 dated 16.04.2010 registered under Section 302 of the Indian Penal Code in Police Station Nahan District Sirmaur, H.P. the State has preferred present appeal with prayer to set aside impugned judgment and to convict respondent - accused under Sections 302 of the Indian Penal Code.

(2.) Mr. P.M. Negi, learned Deputy Advocate General for the appellant -State has advanced arguments that there is sufficient circumstantial evidence on record to prove the guilt of respondent -accused under Sections 302 of the Indian Penal Code and prayed for allowing the appeal to punish the respondent -accused under Section 302 IPC whereas Mr. Deepak Kaushal, learned counsel for respondent -accused has vehemently 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 by affirming the judgment of Sessions Judge, Sirmaur, District at Nahan.

(3.) Investigation agency in the present case was set in motion on the basis of telephonic call received by PW -5 Constable Love Kumar from PW -8 Dinesh Kumar(father of the deceased) which was recorded as rapat No. 23 dated 16.04.2010 Ex. PW -5/A in Police Post Kala Amb. Preceding this report, Head Constable Bhim Singh alongwith other staff had rushed to the spot. This information was further transmitted through telephonic message from Police Post, Kala Amb to Police Station, Nahan and on the basis of said message rapat Rojnamcha G.D. No. 12 dated 16.04.2010 Ex.4/A was recorded by PW -4 Constable Om Lal after receiving telephonic information, PW -18 SI/SHO Dharam Pal had also proceeded to the spot. He had recorded statement of PW -8 Dinesh Kumar under Section 154 of Code of Criminal Procedure which was sent to the Police Station as Rukka statement Ex. PW -8/A. On receiving Rukka Ex. PW -8/A, PW -14 ASI Sucha Singh had lodged FIR Ex. PW -14/A and thereafter endorsement Ex. PW -14/B on the Rukka statement was made by him.