STATE OF H.P. Vs. KARAM SINGH AND ORS.

JUDGEMENT

(1.) THE present criminal appeal has come up for consideration after the leave to appeal has been granted under Section 378(3) of the Code of Criminal Procedure, in reference to judgment dated 16.9.1999 passed by learned Sessions Judge, Chamba, HP in Sessions case No. 15 of 1996, thereby acquitting the respondents/accused for the offence under Section 302 read with Section 34 of IPC.

(2.) DURING the course of hearing, it has been brought to the notice of the court that the accused/respondent No. 1 Karam Singh has died on 8.11.2008 and in that respect, death certificate dated 11.8.2010 has been produced, which is taken on record. As such, the criminal appeal in respect of accused/respondent No. 1 Karam Singh is abated.

(3.) IN order to prove its case, prosecution has examined as many as 18 prosecution witnesses, whereas to their statements under Section 313 Cr.P.C., accused persons have simply denied the prosecution case.