The main legal point established in the judgment is the requirement for legal evidence to support charges and the inadmissibility of confessions made to a police officer.

Ajay Mohan Goel, J.

1. This appeal has been filed by the State against judgment passed by the Court of learned Additional Sessions Judge, Sirmaur District at Nahan, dated 19.07.2012, in Sessions Trial No. 14-N/7 of 2007, vide which, learned trial Court has acquitted the accused for offence under Sections 302/201 I.P.C.

2. The case of the prosecution was that Bhag Singh had three brothers. Sher Singh was the eldest brother. Deceased Bachi Ram was younger to Sher Singh and elder to Bhag Singh. Bhag Singh on 15.09.2006 had come to Dadahu where he met Bachi Ram, who was employed as a driver with one Payare Lal Sood. Babu Ram was also with him. At village Gawara deceased Bachi Ram asked Bhag Singh to wait for him after parking the vehicle and said that he would be coming within 10/15 minutes. However, Bachi Ram did not return back. Bhag Singh went to his house. On the said date, wife and daughter of deceased Bachi Ram were present in the house. Next day i.e. on 16.09.2007 at around 7.30 A.M. his grandfather Sahi Ram informed that Amar Singh resident of village Gawara seems to have died in the field. On this Bhag Singh, his brother Sher Singh and their grandfather Sahi Ram went there and found that it was not Amar Singh but Bachi Ram, who was lying dead on the spot. The dead body was trapped with wires. Bachi Ram had been electrocuted. There were burn injuries on his body. It was suspected that Narain Singh son of Partap Singh and Shamsher Singh, Ex. Pradhan were involved in electrocution of Bachi Ram as Shamsher Singh on 14.09.2006 had threatened Bachi Ram on the date of Court case. On information, police reached the spot and recorded statement of Bhag Singh. On the basis of the same, case was initially registered under Sections 302/201 I.P.C. During investigation, police discovered that Shamsher Singh and Narain Singh were not involved in the electrocution of Bachi Ram. Accused during the course of investigation on 20.09.2006 confessed to have joined the wire for the purpose of protection of fields and for hunting wild animals in which deceased Bachi Ram was trapped. On the basis of his disclosure statement, recoveries were effected. The dead body of the deceased was subjected to postmortem. Viscera was preserved and got analyzed from FSL Junga, as per which poison was not found. Report of Sub Divisional Officer, Electrical Sub Division, Dadahu was obtained to the effect that sparking spot on account of loose connection on the L.T. line conductor was found.

3. After completion of the investigation, challan was presented under Sections 304/201 I.P.C. before the Court and as sufficient grounds were found to proceed against the accused, accordingly, he was charged for commission of offence under Sections 304/201 I.P.C. The accused pleaded not guilty and claimed trial.

4. On the basis of the material produced on record by the prosecution, the learned trial came to the conclusion that it was a case of no evidence against the accused that he had committed an offence under Sections 304 Part 1 and 201 I.P.C. The learned trial Court accordingly recorded his acquittal in light of Section 232 Cr.P.C.

5. Feeling aggrieved by the said judgment of learned trial Court, State has filed the present appeal.

6. We have heard learned counsel for the parties and have gone through the records of the case.

7. Section 232 of the Cr.P.C. provides as under:-

“232. Acquittal – If, after taking the evidence for the prosecution, examining the accused and hearing the prosecution and the defence on the point, the Judge considers that there is no evidence that the accused committed the offence, the Judge shall record an order of acquittal.”

8. In the present case, FIR is dated 16.09.2006, which has been recorded on the basis of statement of Bhag Singh made under Section 154 Cr.P.C. In his statement under Section 154 Cr.P.C. Ext. PW1/A it was stated by Bhag Singh that he suspected that Narain Singh son of Partap Singh who was son of his uncle (Taya) with whom th