IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA: Cr.A.217 of 2001. Date of Decision :1st May, 2008. State of H.P. …Appellant. Versus: Ragwa Nand and others. …Respondents. Coram: The Hon’ble Mr.Justice Sanjay Karol, Judge. Whether approved for judgment?1 For the appellant: Mr.Vivek Thakur, Addl. Advocate General . For Respondent. Mr.M.L.Sharma, Advocate. Sanjay Karol, J(Oral). The present appeal arises out of the judgment dated 13th September, 2000 passed by Additional Chief Judicial Magistrate, Theog, District Shimla in Criminal Case No. 158-2/1997 titled as State Vs. Ragwa Nand and others acquitting the accused of the charged offence under Sections 147, 148, 149, 323, 325, 341,451, 188 and 506 I.P.C. Smt. Salochna Devi (PW-2) filed a complaint dated 17th August, 1997 (Ext.PW-2/A) that in the morning at about 10.30 A.M she had returned to her house from the fields, all of the accused persons, carrying dandas entered her house and after dragging her to the court yard gave her beatings with dandas and fist blows. Her daughter Km.Poonam (PW-3) who came to her rescue was also beaten up by 1 Whether reporters of Local Papers may be allowed to see the judgment? 2 the accused persons. Lachhi Ram (PW-1) and one Subhash Chand witnessed the occurrence of the incident and reached the spot to rescue them from the assailants. The accused, however, left the spot but while leaving they threatened the complainant with dire consequences. Even earlier the accused persons had threatened the complainant and she had filed a complaint and litigation was pending with regard to the same. Based on her complaint F.I.R. No.115/97 dated 17th August, 1997 (Ext. PW-6/A) was registered with Police Station, Theog under Sections 147, 148, 149, 451, 506 and 323 I.P.C. The police machinery was set into motion and ASI. Hukam Singh (PW-9) started investigating the matter. PW-2 and PW-3 were got medically examined from Dr.Kuldeep Kanwar (PW-5) and M.L.C. and X-rays reports (Ext.PW-5/A to Ext.PW-5/D) were also taken on record. During the course of the investigation, statement of Devi Ram (PW-4) the husband of PW-2 was recorded and the matter was further investigated in relation to a separate incident of the same date whereby the PW-4 was put into illegal confinement in the house of Shri Lachhi Ram (PW-1) and tied up with the string. With the completion of the investigation, the challan was presented in the Court for trial. The accused persons were charged for the offence under Sections 147,148,149,323, 325 and 506 I.P.C. to which they did not plead guilty and claim trial. In order to prove its case, the prosecution examined nine witnesses and the statements of the accused persons under Section 313 Cr.P.C. were also recorded. 3 Appreciating the material on record, the court below acquitted all of the accused persons of the charged offence for the reason that there were material contradictions and variations in the statements of the witnesses and also the record. The court found that in the absence of any corroboration by any of the independent witnesses the statement of the spot witnesses i.e. PW-2, PW-3 and PW-4 could not be relied upon to prove the guilt of the accused beyond reasonable doubt. I have heard learned counsel for the parties and also perused the record. From the sworn testimony of PW-5 and also Ext.PW-5/A to Ext.PW-5/D it is evident that PW-2 and PW-3 did suffer injuries (simple and grievous) on their body. But that fact, however, would not be sufficient to prove the guilt of the accused beyond reasonable doubt. Independent spot witnesses Shri Lachhi Ram (PW-1), Smt. Nirmala Justa (PW-7) and Kannu Ram (PW-8) have not supported the case of the prosecution at all and in spite of they having been declared hostile and cross-examined by the Public Prosecutor there is nothing in their statements to show the complicity of the accused in the commission of the charged offence. This leaves us with the testimony of PW-2, PW-3 and PW-4 who admittedly are the close members of the same family. It is the complainants own case that there is prior animosity and litigation pending between the two parties. Therefore, in this background the sworn testimonies of PW-2, PW-3 and PW-4 needs to be appreciated. From the perusal of the statement of Smt. Salochna Devi (PW-2) it is evident that she has materially improved her version. She has deposed 4 that she was preparing tea in the kitchen where her daughter was present. The accused Ragwa Nand and Saligram entered the kitchen and dragged her into the verandha where she was beaten by the said two persons with danda and subsequently dragged into the court yard and again given beating. The other accused persons stood by in the court yard to support the said accused persons. This fact, however, stands contradicted by the version given by her in her complaint (Ext.PW-2/A). Even the second incident whereby PW-4 was put into illegal confinement in the house of Lachhi Ram, finds missing in the complaint (Ext.PW-2/A). The complaint was recorded after the occurrence of both the alleged incidents. The absence of material events and particular in the complaint casts a serious doubt and suspicion about the prosecution case. Even in the Court PW-2 and PW-3 have not deposed anything with regard to the incident pertaining to PW-4. As per the version of PW-3 it was her brother who had reported the matter to the police, which stands contradicted by PW-2 according to whom it was she who had reported the matter to the police. The presence of PW-4 is doubtful in view of the contradictions. According to PW-3, Devi Ram (PW-4) was present in the kitchen at the time when the assailants entered the house and dragged her mother and gave beatings but, however, as per the version of Devi Ram (PW-4) he was in the ad joining room and he fled away from the spot after the assailants started beating PW-2. The contradictions are material and the prosecution witnesses do not inspire confidence and it cannot be said that the prosecution has been able to prove its case beyond reasonable doubt. 5 The accused has had the advantage of having been acquitted by the court below. The entire material has been appreciated in its entirety. I see no perversity or illegality in the same. The appeal is accordingly dismissed and the bail bonds are discharged. (Sanjay Karol), Judge. May 1, 2008(R)