STATE OF H.P. Vs. PAWAN KUMAR

JUDGEMENT

(1.) THIS appeal by the State is directed against the judgment of the learned Additional Sessions Judge, Solan, Camp at Nalagarh in Sessions Trial No. 2 -NL/7 of 1992 decided on 10.1.1994 whereby he acquitted the accused of having committed offences punishable under Sections 302, 323, 452 read with Section 34 of the Indian Penal Code.

(2.) BRIEFLY stated the facts of the case are that the three accused Pawan Kumar, Ram Murti and Roop Ram are real brothers. Roop Ram is married having a wife, five sons and a daughter. His relations with his wife and children are strained. He, therefore, resided with his brothers Ram Murti and Pawan Kumar in their house whereas his wife, sons and daughter continued to reside in his house which is close to the house of his two brothers. There are a number of litigations pending between the accused Roop Ram and his wife and children. The relations between Roop Ram and his wife and children are extremely bitter and acrimonious, so much so that on 17.5.1991 Roop Ram lodged a report with the S.H.O., Police Station, Nalagarh that he apprehended danger to his life at the hands of his sons Bir Singh (deceased) and Kulwant Singh and his wife.

(3.) WE have heard Sh. Rajesh Mandhotra, learned Counsel for the State and Shri Vinay Thakur, learned Counsel for the accused.