STATE OF H.P. Vs. SUBHASH SINGH

JUDGEMENT

(1.) This appeal is directed against the judgment of acquittal dated 20th November, 1996, passed by learned Additional Sessions Judge (1), Kangra at Dharamshala, whereby Respondents Subhash Singh and Sukinder Kumar, who were tried for offences, under Sections 307 and 323, read with Section 34 of the Indian Penal Code, have been acquitted.

(2.) Respondent Sukinder Kumar is stated to have died, during the pendency of the present appeal. So, the appeal as against him has been recorded to have been abated, vide zimini order dated 3rd May, 1999.

(3.) Case of the prosecution, which led to the trial of Respondent Subhash Singh and deceased Respondent Sukinder Kumar, may be stated. Ranjit Singh (PW-15) was employed in the Army. In October, 1995, he came on leave. On 12th October, 1995, he went to attend the marriage of his brother-in-law, in village Dari. After taking dinner, he started back in the company of Amar Singh (PW-5), one Onkar Singh and Narinder Singh (PW-1) in the Van of Respondent Subhash Singh, which was being driven by deceased Respondent Sukinder Kumar. Respondent Subhash Singh was occupying a seat adjacent to that of the driver, while injured PW-15 Ranjit Singh, PW-5 Amar Singh, PW-1 Narinder Singh and Onkar Singh were occupying back seat. On the way, occupants of the back seat started talking to each other. Respondent Subhash Singh started interjecting in the talk, which annoyed PW-1 Narinder Singh. He asked him not to interrupt them in their talk. This annoyed Respondent Subhash Singh.