Tarlok Singh Chauhan, J. - (1.)This criminal appeal under Sec. 378 (3) of the Crimial P.C. has been filed by the State against the judgment of acquittal passed by the learned Additional Sessions Judge, Ghumarwin, District Bilaspur, H.P. (Camp at Bilaspur), on 21.4.2011, in Session Trial No. 25/7 of 2010, wherein the accused was charged and stood tried for an offence under Sec. 302 of the IPC.
(2.)The case of the prosecution is that Shri Ramesh Soni, Pradhan, Gram Panchayat Gatwad, lodged a daily diary rapat (DDR) No. 8(A) Ext. PW-22/A, on 26.3.2010, the translated version whereof reads thus:-
"At this time Sh. Ramesh Soni, Pradhan, Gram Panchayat Gatwad, telephonically informed that Madan Lal of village Lethwin, informed him on telephone that a person is lying near Lethwin and there is no moment in his body. He requested the police to visit the spot for conducting the proceeding. Acting on this information SI/SHO Prem Singh, ASI Ludar Mani, H.C. Amar Singh, No. 91, HHC Ramesh, No. 292, HHG Prittam Singh, HHG Yogesh Kumar and HHG Ashok Kumar left to Lethwin in vehicle No. HP-07A-0371 being driven by C. Brikam Ram, No. 448."

(3.)Pursuant to such report PW-22 S.I. Prem Singh went to the spot and recorded the statement of PW1 Sanju under Sec. 154 Crimial P.C. Ext.PW-1/A. The relevant portion whereof as translated reads as follows:-
"Raj Kumar @ Raju was younger son of his uncle late Sh. Suraj Bhan Chaudhary. Raju was having one elder brother and two sisters and both sisters are married. On 26.3.2010 he was present on the spot where the dead body of Raju was hanging with the tree. Body had sustained marks of injuries on his face and nose and smeared with the blood. He had a suspicion that Raj Kumar had not committed suicide but he was murdered. He made the inquiry on his own level and came to know later on that in the evening on 25.3.2010 that Sunil Kumar @ Jonny, r/o village Muhana, was accompanying Raj Kumar. He had suspicion that the accused Sunil Kumar had done away with the life of the deceased Raj Kumar."