STATE OF H.P. Vs. BIRBAL

JUDGEMENT

(1.) RESPONDENT Birbal was charged with and tried for an offence punishable under Section 307 IPC, for allegedly making a murderous assault on PW-5 Ved Prakash, on 31st January, 1990. Trial Court acquitted him at the end of the trial. State has filed this appeal challenging respondent's acquittal.

(2.) WE have heard the learned Additional Advocate General and gone through the record.

(3.) MATTER was reported to the police on 1st February, 1990 by one of the brothers of PW-5 Ved Prakash, namely Bam Dev. In the report, it was stated that it appeared that some enemy of Ved Prakash had hit him on the head and thrown him in the bushes, presuming him to be dead. On 6th March, 1990, statement of PW-5 Ved Prakash was recorded by the police and it was then that the police came to know that it was the respondent who had dealt blows on the head of said Ved Prakash, by means of an iron rod.