JUDGMENT

A. P. Subba, J. — This Government Appeal is directed against the judgment dated 30th July, 2002 passed by the learned Sessions Judge, South and West at Namchi in Criminal Case no.3 of 2000 acquitting the accused, Milan Kumar Diyali and Simon Biswakarma of the charges under sections 302/201/34 IPC.

2. The case of the prosecution, in brief, is that in September, 1999 one Sonam Bhutia had taken seven Oxygen Cylinders from the firm "Tripti Steel Traders" located at 3 Mile, Sevoke Road, Siliguri which deals in scrap business and is owned by one Sanjay Agarwal to Yuksom, West Sikkim. While taking the gas cylinders, the said Sonam Bhutia had also taken along with him one gas cutter boy who works for hire for the purpose of cutting scrap materials. Some days after they left, Sanjay Agarwal the proprietor of the firm got information that the said gas cutter boy was arrested by the police and had been detained in Yuksom Police out-post, West Sikkim. On receiving the information, the said Sanjay Agarwal deputed the deceased Binod Diyali who was employed as Manager in his firm to go to Yuksom to look into the matter. The deceased accordingly left for Yuksom and returned back to Siligu