JUDGMENT

Shah, J.-Leave granted.

2. The respondents were tried for offences punishable under Sections 302, 380, 457, 120-B read with Section 34 IPC by the Additional Sessions Judge (I), Kangara at Dharamshala in Sessions case No. 8 of 1988 and were acquitted for the said offences by order dated 8th May, 1990. The State preferred Criminal Appeal No. 460 of 1990 before the High Court of Himachal Pradesh. The appeal was dismissed by judgment and order dated 2.1.1998 solely on the ground that the Chief Judicial Magistrate had failed to comply with the mandatory directions contained in clause (a) of sub-section (4) of Section 306 Cr.P.C. as no statement of approver was recorded by the Chief Judicial Magistrate during the committal proceedings, which vitiates the committal of the accused persons to Court of Session and consequently the trial by the Sessions Judge.

3. Before dealing with the question of law arising in this appeal, we would state in nutshell the prosecution version. It is the say of the prosecution that Dr. Kewal Krishan was a medical practitioner having roaring practice in village Gummer. Accused Surinder Mohan was resident of the same village and was posted as a compounde