JUDGMENT R.L. Khurana, J. - The four respondents, Surinder Mohan, Biru Ram, Shashi Pal and Amar Singh, hereinafter referred to as A1, A2, A3 and A4, respectively were tried for the offences punishable under Section 302 and 380 read with Section 34, Indian Penal Code, in Sessions case No. 8 of 1988 by the learned Additional Sessions Judge (I), Kangra at Dharamshala. Vide order dated 8.5.1990 all the four respondents were acquitted.

2. By virtue of the present appeal, the State has assailed the acquittal of the four respondents as recorded by the learned Additional Sessions Judge. The appeal was dismissed on 2.1.1998 by a Division Bench of this Court 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, Code of Criminal Procedure inasmuch as no statement of the approver was recorded by him during the committal proceedings which vitiated the committal of the respondents to the court of Sessions and consequently the trial by the Sessions Judge.

3. On further appeal before the Honble Supreme Court by the State of Himachal Pradesh being Criminal Appeal No. 131 of 2000, the order

Click Here to Read the rest of this document