Vivek Singh Thakur, J. - (1.) The State has filed the present appeal being aggrieved by acquittal of the accused Kuldeep Kumar and Surender Kumar in Sessions Trial No. 13 -ST/7 of 2010 in FIR No. 26/2010, dated 02.02.2010, Police Station, Nahan, District Sirmaur, H.P. vide judgment dated 12.11.2010. During the pendency of the appeal the respondent -accused No. 1 Kuldeep Kumar has expired and the appeal stands abated against him vide order dated 17.09.2014.
(2.) We have heard Mr. Neeraj K. Sharma, Deputy Advocate General for the appellant -State on behalf of the State as also Ms. Shashi Kiran, Advocate, learned counsel for the respondent -accused Surender Kumar.
(3.) The prosecution had examined 11 witnesses to prove the guilt of the respondent -accused. Statement of the accused was recorded under Sec. 313 Cr.P.C. but no defence witness was examined.;