Alok Aradhe, J.

In this criminal acquittal appeal, the appellant has assailed the validity of the judgment dated 22.08.2003, passed by the Trial Court by which respondent had been acquitted in respect of the offence under Section 302 RPC.

2. The case of the prosecution, in nutshell, is that on 29.01.1995, a telephonic information was received by Police Station, Doda from Medical Officer on duty in District Hosptial, Doda that a person, namely, Ghulam Hassan has been brought in the hospital in an unconscious state and he is on the verge of death. The Medical Officer requested the police authorities for action in the matter. On receipt of the information, SHO, Police Station, Doda along with Head Constable, Om Prakash and some other police personnel went to District Hospital, Doda and found that the aforesaid Ghulam Hassan was already dead and his dead body was kept in Mortuary. Thereafter, the post-mortem of the deceased was conducted on 30.01.1995 at District Hospital, Doda. The SHO, Police Station, Doda recorded the statements of the witnesses under Section 161 of the code of criminal procedure and site map was prepared and the report of the post-mortem of the deceased was