STATE OF H.P. Vs. PRABHAT SINGH

JUDGEMENT

(1.) THE State has challenged the acquittal of the respondent dated 19th October, 1993 passed by the learned trial court, under section 302 Indian Penal Code, in Session case No. 11 of 1992, for allegedly having murdered one Hans Raj during the intervening night of 18/19th March, 1992 in Village Narti District Kangra (H.P.)

(2.) IN brief, the prosecution case, as emerges from the prosecution witnesses, is that respondent was a Chowkidar and deceased Hans Raj was a labourer. Both were the employees of State I.P.H. Department.

(3.) DR .S.K.Sharma (PW1) of General Hospital Chandigarh performed the post -mortem and found the following injuries on the person of the deceased: 1. Lacerated wound 1 1/2 cm x 1/2 cm on left eye brow laterally; 2. Abrasion 1/2 cm x 1/2 cm on back below left scapula 3. There was heamotoma under scalp in parietal region; 4. There was fracture of left partial and right parietal bone.