S.B.SINHA, J. - (1.) THE State is before us aggrieved by and dissatisfied with a judgment of acquittal passed by a Division Bench of the High Court of Himachal Pradesh, Shimla in Criminal Appeal No. 41 of 1994.
(2.) SARWAN Singh (since deceased), Jagtar Singh (since deceased) as well as Nazar Singh and Baldev Singh, respondents herein were prosecuted for commission of an offence under S.302 read with S.34 and S.323 read with S.34 of the Indian Penal Code (for short, "the Code") for causing death of one Lamber Singh and simple hurt to one Avtar Singh. The occurrence took place at about 9.30 p. m. on 30-3-1993 in the field of the deceased - Lamber Singh. Lamber Singh had gone to tie his dog therein. P. W - 1 Bakshish Singh, brother of the deceased, after some time heard him shouting whereupon he ran towards the field and found that Sarwan Singh armed wit gandasi and others armed with lathis had been assaulting the deceased. Sarwan Singh is said to have inflicted two injuries with a gandasi on his head whereas the others were said to have inflicted lathi blows on him.
(3.) AVTAR Singh alias Bittu (PW 2) also reached there. Both these witnesses attempted to save him but were attacked by them. Avatar Singh allegedly was hit by Sarwan Singh with the handle of broken gandasi on his right arm. Further, the prosecution case is that all the convicts went towards cattle shed using abusive language threatening to kill them. The motive for the said incident is said to be a quarrel which had taken place 20 days prior thereto at the time of solemnization of the marriage of two nieces of PW 1.;