KAMLESH SHARMA, J.—In this appeal, the State of Himachal Pradesh has assailed judgment dated 8.5.1990 passed by Additional Sessions Judge (I), Kangra at Dharamshala, whereby the respondents were acquitted of the offences under Sections 302, 380, 457, 120-B read with Section 34, I.P.C.

2. The brief facts of the case are that Vipan Chand PW-II made report Ex. PK to the police on 25.3.1988 that shop of Piar Chand PW-12 and residence of Doctor Kewal Krishan, where he was residing along with Vijay Kumar, Gold Smith, were lying open and the dead body of Vijay Kumar was lying in a nearby pasture. He further complained that since the locks of the premises were also found broken open, the culprits had committed theft by breaking open the safe after committing murder of Vijay Kumar. On receipt of this report investigation started, during which the dead body of Doctor Kewal Krishan was recovered on the same day.

3. Autopsy on the dead body of Vijay Kumar was conducted by Doctor K.S. Dhadwal PW-41, who has placed on record his post-mortem report Ex. PV/1 and opined that the cause of death of Vijay Kumar was fracture of temporal bone resulting in injury to his brain, shock and haemorrhage