R.B. Misra, Judge

The present criminal appeal has come up for consideration after the leave to appeal has been granted under Section 378(3) of the Code of Criminal Procedure against the judgment dated 30.12.2006 passed in Sessions case No. 50-K/2005 passed by learned Additional Sessions Judge, Kangra at Dharamshala, acquitting the accused/respondent for the offence under Section 452 and 302 of the Indian Penal Code in reference to FIR No. 53/05 dated 16.2.2005.

2. The prosecution case, in brief, is that the complainant Roshan Lal filed a complaint under Section 154 of the Code of Criminal Procedure on 16.2.2005 at 5:00 P.M., stating that he has five children, including four daughters and one son and is working as labourer. On 16.2.2005 at about 3:45 P.M. his son Lucky Kumar (PW-7 came to him, while he was working and informed him that his mother was killed by Rajesh Kumar. After coming to home, Roshan Lal (PW-1) noticed that his wife (Gaytri Devi) was lying on the cot having injures on her head. She was brought to Zonal Hospital, Dharamshala in unconscious state, where his statement Ex. PW-1/A was recorded under Section 154 of the Code of Criminal Procedure. She regained co