JUDGMENT :

SUBHASH VIDYARTHI, J.

1. Government Appeal No. 2239 of 2009 has been filed by the State-appellant challenging the judgment and order dated 16.09.2008 passed by the learned Additional District and Sessions Judge, Court No. 1, Hamirpur in Sessions Trial No. 137 of 2005 arising out of Case Crime No. 22 of 2005 under Sections 302/34, 504, 506 IPC, Police Station Rath, District Hamirpur whereby both the accused-respondents have been acquitted of all the charges.

2. The aforesaid judgment and order dated 16.09.2008 has been assailed by the informant of the case Shyam Singh @ Pappu also by filing Criminal Revision No. 3459 of 2008, and by means of an order dated 19-09-2011, the aforesaid Criminal Revision was connected with Govt. Appeal No. 2239 of 2009.

3. Government Appeal No. 2239 of 2009 filed by the State-appellant has been admitted by means of an order dated 04.11.2011.

4. As both the aforesaid cases have been filed challenging the judgment and order dated 16.09.2008, both the cases are being decided by a common judgment.

Prosecution Case

5. Briefly stated, the prosecution case is that on 28.01.2005, the informant Shyam Singh @ Pappu gave a written report at Police Station Rath,