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2016 Supreme(HP) 576

RAJIV SHARMA, VIVEK SINGH THAKUR
State of Himachal Pradesh – Appellant
Versus
Raj Kumar – Respondent


Advocates Appeared:
For the appellant :Mr. Neeraj K. Sharma, Deputy Advocate General.
For the respondent:Mr. Virender Thakur, Advocate.

JUDGMENT :

Rajiv Sharma, J.

The State has come in appeal against Judgment dated 28.2.2008 rendered by the learned Additional Sessions Judge, Solan, District Solan, Himachal Pradesh in Sessions Trial No. 14-S/7 of 2007, whereby respondent-accused (hereinafter referred to as 'accused' for convenience sake), who was charged with and tried for offence under Section 306 IPC, has been acquitted.

2. Case of the prosecution, in a nutshell, is that deceased Chanda who was the wife of accused Raj Kumar had been married about 5 years back. Accused was residing at Navgaon near Darla Maur and was a tenant of one Sohan Lal (PW-4). On 3.7.2007 at about 6.50 PM, ASI Sohan Lal (PW-12) received information from IGMC Shimla. He deputed HC Santokh Singh to proceed to Shimla on 4.7.2007. ASI Sohan Lal took over the investigation and recorded the statement of the father of the deceased, namely Daya Ram vide Ext. PW-1/A. On the basis of said statement, he prepared Rukka Ext. PW-7/A and sent the same through Constable Ashok Kumar to the Police Station, Darlaghat. FIR Ext. PW-7/B was recorded. Deceased Chanda had died by the time and as such, after preparation of inquest papers, Ext. PW-1/B and Ext. PW-1/C, h






















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