D. B. Lal, J. :- This is an appeal by the State against the judgment dated 24th October, 1970 of the Sessions Judge Kangra, acquitting the accused Lobsang Sharap (60 years) of the charges under Sections 302 and 309 of the Indian Penal Code for committing the murder of one Lobsang Zimba (35 years) on 20th June, 1968 and thereafter attempting to commit suicide by inflicting injuries on his person.

2. The prosecution case was, that both the accused and the deceased is well as many others were Tibetans and were occupying a building known as Alamanzil, Dalhousie their resting house as they were patients of tuberculosis. The accused Lobsang Sharap was deputed to distribute ration to his fellow Tibetans. The deceased Lobsang Zimba from sometime before 20th June, 1968 was in the service of some tourists who had arrived in Dalhousie and everyday in the evening he used to take for a stroll a young child of one of the tourists. The deceased used to be accompanied by a fellow-Tibetan child (6 years) by the name Chima Chharing (P. W. 18). They used to return to Alamanzil at about 8 P. M. everyday. Accordingly on 20th June, 1968 both of them had returned at about 8.30 P. M. and when the