Judgment

Heard. This appeal, preferred under Section 378 of Code of Criminal Procedure 1973 is directed against the judgment and order dated 21.09.2011 passed by the learned District & Sessions Judge, Shillong in Sessions Case No. 7/2010, whereby said Court has acquitted the accused/respondents Rockystar B. Sangma and Beluram Sangma from the charge of offence punishable under Section 302 IPC.

2. Heard learned counsel for the parties and perused the lower Court record.

3. Prosecution story in brief is that on 20.01.2009 at about 9:30 PM a group fight said to have taken place at 4th Furlong, Shillong. On receiving the telephonic information, PW 6 Sub-Inspector C.M. Ranee along with PW 5 Sub-Inspector K.P. Singh went to the spot where they found a Tata Sumo vehicle bearing Registration No. ML-05-D-9434 parked on the roadside, and a person was lying unconscious by the side of the road. Another person who was standing there disclosed his name as Kishan Dorjee (not examined) who stated that the person lying by the side of the road is his brother Santosh Dorjee (deceased). It appears that Santosh Dorjee was taken in a vehicle to Civil Hospital, Shillong from where he wa