STATE OF H. P. Vs. DHAN SINGH

JUDGEMENT

(1.) THIS appeal by the State is directed against the judgment of Sessions Court whereby the respondent who was sent up for trial for an offence under Section 302 of the Indian Penal Code has been acquitted of the charge of murder but held guilty of the charges under Section 325 and 323, I.P.C. and sentenced to under-go rigorous imprisonment for one year and to pay a fine of rupees 5000/- for the offence under Section 325 and to under-go simple imprisonment for two months for the offence under Section 323, I.P.C.

(2.) THE grievance of the State is that the evidence on record is enough to hold the respondent guilty of the offence of murder punishable under Section 302, I.P.C. or in any case of an offence under Section 304, I.P.C. Whether reporters of the Local papers are allowed to see the judgment?

(3.) DURING the course of trial, the prosecution examined the son of the deceased, namely, Om Parkash (PW1) who claimed to have witnessed the occurrence. No other witness examined by the prosecution testified to have seen the respondent causing any injury to the deceased. The trial Court believed the testimony of PW1 Om Parkash, the son of the deceased, partially to the extent it was corroborated by the testimony of Padam Singh (PW2) and came to the conclusion that this was a case of voluntarily causing grievous hurt to the deceased and simple hurt to Om Parkash (PW1) by the respondent and convicted and sentenced him accordingly, as aforesaid. We have heard the learned Additional Advocate General and gone through the record.