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2016 Supreme(HP) 533

RAJIV SHARMA, VIVEK SINGH THAKUR
State of Himachal Pradesh – Appellant
Versus
Moti Ram alias Nandda – Respondent


Advocates Appeared:
For the Appellant : Mr. M.A. Khan, Addl. AG.
For the Respondents:Mr. Adarsh Sharma, Advocate, vice counsel for respondent No. 1.
Mr. Naveen K. Bhardwaj, Advocate, for respondent No. 2.

JUDGMENT :

Rajiv Sharma, J.

This appeal is instituted at the instance of the State against the judgment dated 2.8.2010, rendered by the learned Addl. Sessions Judge (FTC), Kullu, H.P. in Sessions Trial No. 39/09, whereby the respondents-accused (hereinafter referred to as the accused), who were charged with and tried for offences punishable under Sections 302, 120-B, 201 IPC read with Section 34 IPC, has been acquitted.

2. The case of the prosecution, in a nut shell, is that Kuber (PW-13) and Bhag Chand deceased had gone to Abgal jungle for purchasing cattle on 27.10.2008 at about 10:00 AM. Kuber (PW-13) was carrying Rs. 50,000/- with him and Bhag Chand (deceased) was carrying Rs. 70,000/- with him. They reached jungle at about 2-2:30 PM. However, no person met them. When they were coming back to village, Moti Ram and Chhota Bhagi met them on the way at about 5:30 PM. One unknown person was also with them. Moti Ram was carrying a gun. Moti Ram and Bhag Chand (deceased) had an altercation. Thereafter, all the persons sat in the jungle. Moti Ram took two bottles of orange liquor and 2-3 glasses. All the persons except Kuber started consuming liquor. Moti Ram and Chhota Bhagi were having























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