STATE Vs. MITHU SINGH & ANR.

JUDGEMENT

(1.) This appeal is directed against the judgment of the learned Addl. Sessions Judge No. 1, Hanumangarh dated 17.8.1977 whereby he has acquitted the accused-respondents Mithu Singh and Hargovind Singh of the offence under section 302 and in alternative of the offence under section 302 read with Sec. 34 IPC.

(2.) Briefly stated the facts of the prosecution case are that one Mithu Singh informed Devilal on 24.4.74, that his wife Smt. Tejkaur has committed suicide. Thereupon Devilal brother of the deceased lodged F.I.R. under section 302 IPC. After investigation F.R. was submitted by the police stating that it was a case of suicide. Thereafter on,.complaint, the learned Judicial Magistrate, Hanumangarh took cognizance, re against the accused-respondents under section 302 Penal Code and committed the case to the court of the learned Additional Sessions Judge for trial. The learned Additional Sessions Judge after completion of the trial acquitted the accused-respondents of the offence as mentioned above. Hence, the State has filed this appeal.

(3.) Learned Public Prosecutor submits that the learned trial court has erred in not appreciating the evidence in right perspective and, therefore, the judgment of the learned trial court may be set aside and the accused-respondents be convicted for the offence under section 302 Penal Code or in alternative under section 302 read with Sec. 34 IPC.