Acquitted defendants maintain the presumption of innocence, reinforced by the prosecution's failure to provide credible evidence beyond a reasonable doubt.

JUDGMENT :

Vivek Singh Thakur, J.

State of Himachal Pradesh has preferred this appeal against acquittal of respondent in case FIR No. 289, dated 30.11.2011 registered in Police Station Sadar, Chamba under Section 302 of the Indian Penal Code, vide judgment dated 18.8.2012 passed by Sessions Judge, Chamba in Sessions Trial No. 12 of 2012, titled as State of Himachal Pradesh Vs. Yogesh Kumar alias Yadu.

2. Prosecution case is that on 29.11.2011 at about 10:37 PM a telephonic call was received in the Head Office of 108 Ambulance regarding an emergency, to be attended at village Saroo, District Chamba, whereupon PW-6 Pawan Kumar Emergency Medical Technician alongwith driver of Ambulance Surinder Kumar (not examined) proceeded towards Saroo in Ambulance bearing No. HP-63-4394. After some time caller had talked with PW-6 Pawan Kumar, whereupon caller was informed that Ambulance was on the way and likely to be reached on the spot. On reaching Saroo Nallah, PW-6 Pawan Kumar and driver did not find any patient on the spot, whereupon they tried to contact the patient on telephone number available with them, but no one was responding on the said phone and consequently PW-6 Pawan Kumar informed the Head Office accordingly. While going towards Saroo Nallah, Ambulance staff had noticed a person lying on the road side. They had mistaken him to be some drunkard. During return journey, PW-6 Pawan Kumar asked his Head Office as to whether he could attend upon the said person. On receiving permission to do so, the Ambulance staff stopped near the person, who had been found with injury on his head. First aid was given to him on the spot by PW-6 Pawan Kumar. According to PW-6 Pawan Kumar the patient was unconscious and it was informed to the Headquarter and Police was informed by the Headquarter.

3. According to prosecution case a telephonic information was received, from emergency phone number 108, in Police Station, Sadar Chamba at 11:20 P.M., informing that team 108 of Regional Hospital Chamba had informed through Headquarter, on a conference call that a person was lying dead at Saroo, whereupon ASI Kuldeep Chand alongwith ASI Jai Chand, Head Constable Kuldeep Chand, constable Ram Chand, Honorary Head Constable Raj Kumar alongwith Camera and Videographer HHG Desh Raj, HHG Ranjeet Singh, left for spot in official vehicle HP-73- 0919 being driven by Constable-driver Suresh Kumar and in this regard daily station diary GD entry number 56 (A) was recorded at 11:20 P.M.

4. PW-19 ASI Kuldeep Chand alongwith Police Party, after informing PW-15 Kulbhushan Verma Deputy Superintendent of Police Headquarter, reached on the spot, but none was found there. He called PW-4 Bansi Dhar Pradhan of Gram Panchyat. One Keso was also accompanying the Pradhan. The dead body, lying on the road side, was got identified by Pradhan as Des Raj S/o Sh. Rijhu Ram, R/o Village Chhabuin.

5. PW-4 Bansi Dhar Pradhan also disclosed that wife of deceased was living at Drabla. Photographs of the dead body were taken on the spot. Dead body was sent to mortuary in Regional Hospital, Chamba. Inquest reports Ex. PW-4/W and Ex. PW-4/X were filled in in presence of witness Janak Raj (not examined) and PW-4 Bansi Dhar. PW1 Bebi wife of deceas