- (1.)In this appeal judgment and order dated 19/11/2004 passed by the High Court of Himachal Pradesh at Shimla in Criminal Appeal No.401 of 2002 is under challenge.
(2.)The respondent is the sole accused. He was tried by the Additional Sessions Judge, Una, (Himachal Pradesh) for offence punishable under Section 302 of the Indian Penal Code ("the IPC"). The Sessions Court convicted the respondent under Section 302 of the IPC and sentenced him to suffer life imprisonment and to pay a fine of Rs.3,000/-. In default of payment of fine, he was ordered to suffer simple imprisonment for further period of three months. The respondent preferred an appeal to the High Court. By the impugned judgment and order, the High Court set aside the order of conviction and acquitted the accused. Being aggrieved by the acquittal of the accused, the State of Himachal has approached this Court.
(3.)According to the prosecution, on 1/10/1998 at about 7.15 a.m., PW-7 Balbir Singh, Ward Panch and Nambardar of Halqua Bhadorkali, went to the Police Post Daulatpur and lodged daily diary report (Ex-PA) stating that at about 7.00 a.m, PW-6 Dev Raj of the same village came to his house and informed him that one Ashwani Kumar @ Pinku ("the deceased") had been killed. They went to the house of Ashwani Kumar. They found the deceased lying in a pool of blood on a cot with various cut injuries on his head. PW-9 immediately rushed to the Police Post on his Scooter to lodge the report. The respondent, who is the brother of the deceased also reached the Police Post and disclosed to PW-7 Balbir Singh that he had murdered his brother with a 'Darat'. On the basis of daily diary report (Ex-PA), First Information Report (Ex-PW-11/A) was recorded by PW-11 HC Yog Raj, at the Police Station Gagret. Investigation was set in motion. After completion of investigation, the respondent came to be charged as aforesaid.