IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. Cr.A. No.206/2001 Reserved on.4.1.2008 Decided on. 10.1.2008 State of H.P. …Appellant. Versus Devinder Singh and others. …Respondents Coram The Hon’ble Mr. Justice Rajiv Sharma, J. Whether approved for reporting ?1. No. For the appellant : Mr. M.A. Khan and Ms. Meenakashi Sharma, Deputy Advocate Generals. For the respondents Mr. D.K. Sharma, Advocate. Rajiv Sharma, J. The respondents were prosecuted in Case No. 65/2 of 1998/97 for offences punishable under sections 451, 147, 148, 323, 325, 506 read with section 149 of the Indian Penal Code in the court of Additional Chief Judicial Magistrate, Shimla and were acquitted on 20.9.2000. The State has filed this appeal against the judgment dated 20.9.2000. The facts in brief are that on 15.10.1997 around 7.15 P.M., complainant Govind Ram was sitting in the kitchen whereas his wife and son were in the cow-shed when accused Devinder and Mushu called him out side and was assaulted by them. Consequently, FIR was registered and the matter was investigated. The prosecution examined as many as 11 witnesses to prove the case against the respondents-accused persons. The respondents were examined under 1 Whether the reporters of Local Papers may be allowed to see the judgment? No. 2 section 313 of the Code of Criminal Procedure. The respondents were acquitted by the trial court on 20.9.2000. The learned Deputy Advocate General had strenuously argued that the prosecution has proved the case against the respondents- accused. Mr. D.K. Sharma, Advocate appearing for the respondents- accused had supported the judgment dated 20.9.2000. I have heard the learned counsel for the parties and have gone through the record of the case. The incident is dated 15.10.1997 at 7.15 P.M., however, the FIR was registered on 16.10.1997. There are material contradictions in the statements of PW-1, PW-2 and PW-8 as to what has happened at the spot on 15.10.1997. There are also contradictions in the contents of the FIR and the statement made by PW-1. PW-3 Amolak Ram, brother of the complainant, PW-4 Joginder, nephew of the complainant, PW-5 Satya Devi neighbour, PW-6 Tipia another neighbour and PW-9 Gopal also neighbour, have been declared hostile. Since the close relations of the complainant and independent witnesses have not supported the prosecution story, the trial court had rightly acquitted the respondents. PW-1 has disclosed in the FIR that he was in kitchen and his wife was in cow-shed when accused came and argued with him and when his wife came to the spot, she was assaulted by the accused persons and when he tried to save her, he was also assaulted by the accused persons. However, in his statement before the court he has stated that when the accused persons came on the spot, they assaulted him, his wife and his son. PW-2 Shanti Devi had stated that she along with her son Sanjay Kumar (PW-8) were in the cow-shed when accused persons came and started arguing with her husband. She along with 3 her son went to rescue her husband and they were also beaten by the accused. PW-8 Sanjay Kumar has stated that his father and mother were assaulted by the accused persons and thereafter he went to their rescue and he was also assaulted. In the FIR, the complainant has not reported that Sanjay Kumar (PW-8) was also present on the spot and was beaten by the accused persons. The trial court after noticing the material contradictions in the statements of PW-1, PW-2 and PW-8 and the contents of the FIR lodged by the complainant has rightly acquitted the respondents. The prosecution has failed to prove the case against the respondents-accused persons. In view of the observations made hereinabove, this Court will not interfere in the well reasoned judgment of the learned Additional Chief Judicial Magistrate, Shimla dated 20.9.2000 acquitting the respondents. The result of the above discussion is that there is no merit in the appeal and the same is dismissed. The bail bonds are cancelled and sureties are discharged. January 10, 2008. ( Rajiv Sharma), Judge *Awasthi*