SURINDER SINGH,J:

The appellant, hereinafter referred to as ‘the accused’ has challenged the judgment of conviction for the offence punishable under Section 307 of the Indian Penal Code, passed by the learned Additional Sessions Judge (Fast Track Court), Shimla, Camp at Rohru, in Sessions Trial No.12-R/7 of 08/07, on 5.8.2008, whereby he has been sentenced to undergo rigorous imprisonment for a period of 10 years and to pay a fine of `25,000/- and in default of payment of fine, to further undergo rigorous imprisonment for a period of one year. The benefit of Section 428 of the Code of Criminal Procedure was also granted.

2. Shorn of unnecessary details, the facts germane to the present appeal can be stated thus. PW2 Kesar Singh and PW1 Dev Raj are nomads of Kinnaur district reeling their herd of sheep/goats for grazing at various places. During winter season, they had been going to the areas of district Sirmaur and on-set of the summer season, used to return to Kinnaur.

(ii) On 28th of April, 2006, both of them while returning to district Kinnaur alongwith herd of sheep, reached in the area of Jubbal. On the aforesaid day, they camped at a place known as Khara Pathar alon