Tarlok Singh Chauhan, J.

This criminal appeal under Section 378 (3) of the Cr.P.C. has been filed by the State against the judgment of acquittal passed by the learned Additional Sessions Judge, Ghumarwin, District Bilaspur, H.P. (Camp at Bilaspur), on 21.4.2011, in Session Trial No. 25/7 of 2010, wherein the accused was charged and stood tried for an offence under Section 302 of the IPC.

2. The case of the prosecution is that Shri Ramesh Soni, Pradhan, Gram Panchayat Gatwad, lodged a daily diary rapat (DDR) No. 8(A) Ext. PW-22/A, on 26.3.2010, the translated version whereof reads thus:-

“At this time Sh. Ramesh Soni, Pradhan, Gram Panchayat Gatwad, telephonically informed that Madan Lal of village Lethwin, informed him on telephone that a person is lying near Lethwin and there is no moment in his body. He requested the police to visit the spot for conducting the proceeding. Acting on this information SI/SHO Prem Singh, ASI Ludar Mani, H.C. Amar Singh, No. 91, HHC Ramesh, No. 292, HHG Prittam Singh, HHG Yogesh Kumar and HHG Ashok Kumar left to Lethwin in vehicle No. HP-07A-0371 being driven by C. Brikam Ram, No. 448.”

3. Pursuant to such report PW-22 S.I. Prem Singh went to th