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2014 Supreme(HP) 1357

RAJIV SHARMA, SURESHWAR THAKUR
State of Himachal Pradesh – Appellant
Versus
Sunil Kumar – Respondent


Advocates Appeared:
For the Appellant : Ramesh Thakur, Asstt. A.G.
For the Respondent:T.S. Chauhan, Advocate

JUDGMENT :

Rajiv Sharma, J.

1. This appeal is instituted against the judgment dated 29.2.2008 rendered by the Additional Sessions Judge, Ghumarwin, District Bilaspur in Sessions Trial No. 58/7 of 2004, whereby the respondents-accused (hereinafter referred to as the "accused" for convenience sake), who were charged with and tried for offence punishable under sections 498-A and 306 read with section 34 of the Indian Penal Code, have been acquitted.

2. Case of the prosecution, in a nutshell, is that a telephonic message was received at Police Station, Ghumarwin on 25.2.2004 at 5.45 P.M. from Dr. Anil at Civil Hospital, Ghumarwin that a case of poisoning has come which needs action. Rapat No.20 dated 25.2.2004 Ex.PW-4/A was recorded. S.I. Balwant Singh proceeded to Civil Hospital, Ghumarwin. The Medical Officer on duty informed that a lady named Asha Devi was not fit to make statement. He came back to Police Station and got recorded rapat No. 26 dated 25.2.2004 vide Ex.PW-4/B. On 26.2.2004 at 10.10 A.M. Rattan Singh from P.G.I. Chandigarh informed telephonically Police Station, Ghumarwin that in the poisoning case of Jol Palakhi village which was referred to P.G.I. from Ghumarwin, the lad























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