Sushil Kukreja, J.

1. The instant appeal has been preferred by the appellant/State under Section 378(3) of the Code of Criminal Procedure against the impugned judgment dated 22.04.2015, passed by learned Sessions Judge (Forests), Shimla, H.P., in Sessions Trial RBT No. 11-S/7 of 2013, whereby the accused persons, namely Sudhir Urao and Suresh Urao (respondents No. 1 and 2 herein) were acquitted for the offence punishable under Section 302 read with Section 34 of the INDIAN PENAL CODE (for short “IPC ”).

2. The facts giving rise to the present appeal, as per the prosecution story, can be summarized as under:

2(a). On 04.11.2012, around 11:40 p.m., police of Police Post, Mashobra, was informed telephonically by a person from his mobile, having mobile number 98056-51032, that a dead body was lying near the rain-shelter near Jablanda Crusher. In sequel to the above information police at Police Station Dhalli was informed. Thereafter, the police rushed to the spot and statement of Shri Anil Rathour (complainant), under Section 154 Cr.P.C. was recorded. The complainant stated that on 04.11.2012, around 01:00 p.m., one Inder Singh informed him at Baldeyan Polling Booth that at Pa