STATE OF HIMACHAL PRADESH Vs. ARJUN SINGH

JUDGEMENT

(1.) This is an appeal filed by the State of Himachal Pradesh under Section 378 of the Cr.P.C. against the judgment of the court of learned Sessions Judge, Kangra at Dharamshala, dated 16.3.1994, vide which the respondents were acquitted of the charge framed against them under Sections 302 read with Section 34 of the Indian Penal Code and under Sections 25 and 27 of the Arms Act.

(2.) The prosecution story in brief is that on 9.5.1993 at 3.05 a.m., a report was lodged with the police by one Mohinder Singh in which he alleged that on 8.5.1993 at about 9.15 p.m., Arjun Singh accompanied by his Bhanja came to the house of his brother Kuhku Ram, who were having guns with them and they asked his brother to accompany them since they had some work with him. His brother told them to talk at the house itself but they asked him to accompany them since it could not be talked there. On this, his brother accompanied Arjun Singh and his nephew. Thereafter, his brother's wife Rano Devi asked Jodha Ram, the son of his uncle, to follow them and see as to where Arjun Singh had taken her husband. He stated that he alongwith Jodha Ram followed them towards the railway line where they found that Arjun Singh was proclaiming to his brother as to why he had deposed against him at the Police Station and he put the gun on the neck of his brother and fired and his brother Kuhku Ram fell down. While leaving the place, Arjun Singh proclaimed that if any person followed them, they would kill them and the complainant raised an alarm and several persons came there from the village. The said Kuhku Ram was taken to PHC Nagrota Surian and doctor declared his brother dead. On this report, a case was registered and after registration, the challan was filed before the court of the learned Sub Divisional Judicial Magistrate, Dehra, who committed the case to the learned trial Court. Charges were framed against the respondents as under:

(3.) The learned trial Court tried the respondents leading to their acquittal.