This criminal appeal is directed against the judgment dated April 17, 1971, of the learned Additional Sessions Judge, Srinagar acquitting the respondent of the charge under section 302 R.P.C. for causing on the evening of February 14, 1968, the death of Amar Singh constable No. 673 of D. Company of the 1st. Battalion of the Indo Tibetian Border Police force posted at the transit camp at Chumatong, about 120 miles from Leh, which was used as a place for resting and keeping equipment by the army and police personnel in distress.

2. The story as put forth by the prosecution was that on February 18, 1968, when Lance Naik Ram Dass of D Company of the aforesaid force who had been detailed by his superiors from Handlay post to get fresh supplies of pepper from the aforesaid transit camp reached the bunker of the deceased, he found the latter lying murdered on his cot. On seeing the gruesome sight he was panic stricken and ran for help to the Held quarters of the 16th Dogra Regiment which was close by. On being apprised of the matter the Commandant, the Subedar Major, and some other officers of the regiment including a doctor repaired to the spot. After mounting guard at the bunker and ask

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