STATE OF HIMACHAL PRADESH Vs. RAJ KUMAR

JUDGEMENT

(1.) This appeal is instituted at the instance of the State against the judgment dated 31.12.2009, rendered by the learned Sessions Judge, Kangra at Dharamshala, H.P. in Sessions Case No. 14 -P/VII -2009, whereby the respondent -accused (hereinafter referred to as accused), who was charged with and tried for offence punishable under Sec. 302 IPC has been acquitted.

(2.) The case of the prosecution, in a nut shell, is that on 26.12.2008 at 11:00 PM at village Khurd -Patt (Bhawarna), the accused committed the murder of Sunita Devi. The charge was framed against the accused under Sec. 302 IPC on 19.5.2009, to which he pleaded not guilty and claimed trial. The prosecution, in order to prove its case has examined as many as 11 witnesses. The statement of the accused was also recorded under Sec. 313 Cr.P.C. The accused has produced DW -1 Dr. Suresh Sankhyan in defence. The learned trial Court acquitted the accused, as noticed hereinabove. Hence, this appeal.

(3.) Mr. M.A. Khan, Addl. Advocate General, appearing on behalf of the State, has vehemently argued that the prosecution has proved the case against the accused under Sec. 302 IPC. On the other hand, Ms. Archna Dutt, Advocate has supported the judgment of the learned trial Court dated 31.12.2009.