The presumption of innocence in criminal law reinforces the burden on prosecution to prove guilt beyond a reasonable doubt; acquittals cannot be disturbed without compelling evidence.

JUDGMENT :

Rakesh Kainthla, J.

1. The present appeal is directed against the judgment dated 28.10.2013, passed by learned Additional Sessions Judge, Chamba, District Chamba, H.P., vide which the respondent (accused before learned Trial Court) was acquitted of the commission of an offence punishable under Section 302 of INDIAN PENAL CODE (in short ‘IPC’). (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience).

2. Briefly stated, the facts giving rise to the present appeal are that the police filed a challan against the accused before the learned Trial Court for the commission of an offence punishable under Section 302 of IPC. It was asserted that Pawan (since deceased) was returning to his home on 2.3.2012 at about 5.00 PM. He fell on the way. The informant Uttamo (PW1) was told about this fact on 03.03.2012. He informed the police. An entry (Ex.PW11/A) was recorded in the Police Station. ASI Parvesh Kumar (PW11), HHC Raj Kumar, Constable Naresh Kumar and HHG Ranjeet Singh were sent to the spot in an ofÏcial vehicle bearing registration No.HP-73-0919, which Constable Suresh Kumar was driving. An entry (Ex.PW11/A) was recorded in the Police Station. ASI Parvesh Kumar (PW11) prepared the inquest report (Ex.PW11/B). He filed an application (Ex.PW11/C) and sent the dead body to the Regional Hospital, Chamba, for postmortem examination. Dr Navdeep Joshi (PW19) conducted Pawan Kumar's postmortem examination. He found multiple injuries on the body. In his opinion, the deceased died due to a head injury leading to intracranial haemorrhage, shock and death. He preserved the viscera and handed it over to the police ofÏcial accompanying the dead body. ASI Parvesh Kumar (PW11) photographed the spot (Ex.PW11/D1 to (Ex.PW11/D6). The dead body was handed over to Uttamo (PW1). Uttamo (PW1) found, on enquiry, that the accused had murdered the deceased. He had called Nirmala Devi (PW2) and confessed to the commission of the crime. He had also called her when she was admitted to the hospital and he admitted to the commission of crime. This call was recorded by Sanjeev Kumar (PW8). Uttamo (PW1) filed an application (Ex.PW1/A) to take action in the matter. The police registered the FIR (Ex.PW16/A). Padam Chand, Additional Superintendent of Police (PW23), conducted the investigation. He visited the spot on 18.04.2012 and prepared the site plan (Ex.PW23/A). Laxmi Devi (PW3) handed over one mobile phone, which was handed over to her by Uttamo (PW1). This mobile set contained a recording of a conversation between Man Singh (accused) and Nirmala Devi (PW2). Padam Chand (