Dev Darshan Sud, J.(oral) This appeal has been preferred by the State against the judgment of the learned Additional Sessions Judge-I, Kangra at Dharamshala dated 29.6.2002 acquitting the respondents who were charged for offences under Sections 307, 302 read with Section 34 of the Indian Penal Code (hereinafter referred to as “the IPC”).

2.The prosecution case is that both the accused- respondents were responsible for causing death of Nirmla Devi by entering her house and setting her on fire on the intervening night of 8/9.4.1997 as a consequence she sustained burn injuries and succumbed to her death at Udhampur hospital on 2.6.1997 where her husband had taken her for medical treatment.

3.The prosecution case, in brief, is that on 13.4.1997 PW5 Dr. Chaman Lal Senior Medical Officer, Civil Hospital, Sujanpur informed the police that a patient suffering burn injuries had been admitted in the hospital by her brother Baldev Singh and others. He conveyed this information telephonically as well as by writing to the Station House Officer, Sujanpur Teehra. He examined her and issued MLC Ext.PW5/A and records in the certificate that she has been brought to the hospital on 13.4.1997 a