IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. Cr. Appeal No.: 555 of 2000 Decided on : 22.09.2010 ______________________________________________________________ State of Himachal Pradesh …Appellant. Versus Birbal son of Sh. Gian Singh …Respondent. Coram The Hon’ble Mr. Justice R.B. Misra, Judge. The Hon’ble Mr. Justice V.K. Sharma, Judge. Whether approved for reporting? 1 For the appellant : Mr. R.K.Sharma, Sr. Addl. Advocate General. For the respondent : Ms Charu Gupta, Advocate, vice Mr. Neeraj Gupta, Advocate. _______________________________________________________________ R.B. Misra, Judge (oral) The present criminal appeal has come up for consideration after leave to appeal has been granted, under Section 378 (3) Cr.P.C., in reference to the impugned judgment, dated 2.8.1999, passed by the learned Sessions Judge, Shimla, in S. Tr. No. 16-S/7 of 1998, acquitting the respondent-accused for the alleged offence, under Sections 302 IPC. 2. The prosecution case is that deceased Ravinder Singh alias Loku and the accused were young lads. Both of them along with lads and lasses of their age used to go to the forest to graze cattle. Deceased Ravinder Singh alias Loku and other boys used to tease the accused by calling 1 Whether reporters of the local papers may be allowed to see the judgment? 2 him Kinnaura. The accused chased and even gave beatings to them as and when he chanced to catch hold of a single boy. On the fateful night, deceased teased the accused by calling him Kinnaura. The accused chased him and dealt a blow of Danda on his head with full force. The deceased became unconscious. He was taken to Jubbal hospital, from where he was referred to Indira Gandhi Medical College-cum-Hospital, where he remained admitted for two days and then referred to PGI, where he breathed his last on 30.9.87. The accused after committing the crime absconded and remained underground till 17.7.87, thereafter he was arrested at Delhi. On investigation the accused was charged for the offence under Section 302 IPC and the case was committed to the Court of Sessions. 3. In order to prove its case the prosecution examined as may as 10 witnesses, whereas accused-respondent in his statement under Section 313 Cr.P.C denied the prosecution case. 4. On scrutiny of the prosecution witnesses and materials on record we noticed that father of the deceased who was examined as PW-3 did not say anything against the accused. PW-7 Bala Devi initially did not say anything against the accused and even after 3 cross examination also she stated that she did not recollect if the accused had given any blow of Danda on the head of the deceased. In the statement of father of the deceased attached with Ex.PW-10/A, the inquest report, it is recorded that the deceased had suffered injury due to slip from a cliff, while grazing sheep and goats. Scrutiny of Ex.PW-10/A, the inquest report and Ex.PW- 10/D, death summary, revealed that nothing could be attributed to the accused. In the absence of any documentary evidence or any material on record, the prosecution was legally found not to have proved its case beyond reasonable doubt. 5. In the facts and circumstances and in the absence of any material on record, the learned Sessions Judge has rightly arrived at the conclusion that the prosecution has not been able to bring home the guilt to the accused. Accordingly, the appeal is dismissed being devoid of any merit. (R.B. Misra) Judge. (V.K.Sharma) Judge. September 22, 2010. Lsp*