Sureshwar Thakur, J.

1. The learned trial Court, upon, charges framed against the accused, vis-a-vis, offences punishable under Sections 302, 147, 148, 149 of the IPC, pronounced an order of conviction, upon, accused/convict Shambu Mahto under Section 304, Part-II of the IPC, and, imposed sentences, upon him, to, undergo rigorous imprisonment for a period of 7 years, and, also imposed fine of Rs.10,000/-, and, in default of payment of fine amount, he, was, further sentenced to undergo rigorous imprisonment for one year. However, other co-accused, were, acquitted for the charges, respectively framed against them, vis-a-vis, offences punishable under Sections 302, 147, 148 and 149 of the IPC. The State of H.P., being aggrieved by the aforesaid pronouncement, hence, through the instant appeal, has concerted to beget its reversal.

2. The prosecution case, in brief, is that on 17.10.2009 at about 9.30 p.m. telephonic information was received from Malhotra hospital that one person has received injury on his head. On this information SI Liaq Ram, H.C. Kuldeep Singh, No.1, C. Gurmal Singh, No.212, visited Malhotra hospital, where Sanjay Kumar was lying in an injured condition. His