IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Criminal Appeal No.412 of 2001 Date of decision : May 9, 2008 State of H.P. (cid:133)Appellant.

Versus Manjit Singh (cid:133)Respondent.

Coram The Hon(cid:146)ble Mr. Justice Surjit Singh, Judge.

Whether approved for reporting?. No.

1 For the appellant : Mr. P.K. Sharma, Additional Advocate General.

For the respondent : Mr. N.K. Thakur, Advocate Surjit Singh, Judge (Oral)

State has appealed against the judgment of Sessions Court, whereby respondent Manjit Singh, who had been convicted of offences, under Sections 323 and 325 IPC, by the trial Magistrate, was acquitted in appeal.

2. A report was lodged with the police by PW-1 Ajmer Singh that on 27.10.1991 he had gone to village Saloh to attend a function in connection with the birthday of a grandson of one Vikar and there he happened to have a wordy duel with one Sadhu Singh. On the next day, i.e. 28th October, 1991, around 8.30 PM, when he was listening to the news, a man by the name of Gurbachan Singh came and told that some persons were waiting for him near Shiv Temple. When he went to that temple, respondent Manjit Singh and one unknown boy, were there. They asked Ajmer Singh as to what did