(1.) This criminal appeal under Sec. 378 (3) of the Crimial P.C. has been filed by the State against the judgment of acquittal passed by the learned Additional Sessions Judge, Ghumarwin, District Bilaspur, H.P. (Camp at Bilaspur), on 21.4.2011, in Session Trial No. 25/7 of 2010, wherein the accused was charged and stood tried for an offence under Sec. 302 of the IPC.
(2.) The case of the prosecution is that Shri Ramesh Soni, Pradhan, Gram Panchayat Gatwad, lodged a daily diary rapat (DDR) No. 8(A) Ext. PW-22/A, on 26.3.2010, the translated version whereof reads thus:-
(3.) Pursuant to such report PW-22 S.I. Prem Singh went to the spot and recorded the statement of PW1 Sanju under Sec. 154 Crimial P.C. Ext.PW-1/A. The relevant portion whereof as translated reads as follows:-