IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. NoA-4 of 2008 Date of decision : 15.12.2008 State of Haryana .....Appellant Versus Man Singh ...Respondent CORAM : HON'BLE MR. JUSTICE S. D. ANAND Present: Mr. S.S.Mor, Senior Deputy Advocate General, Haryana. Mr. Rahul Rathore, Advocate for the respondent. S. D. ANAND, J. The prosecution presentation was to be supported by the statements of first informant/complainant Rajesh Kumar and also eye witnesses Kuldip Singh and Bane Singh. Though, the learned Trial Magistrate recorded a finding of conviction, learned Sessions Judge reversed it by observing that Bane Singh did not deserves to be relied upon as he had “not only changed the version of the prosecution from Saroj being hit on the road while crossing the same to being hit on kucha berm where she had already reached, but he had also introduced the involvement of a truck to give side to which Man Singh is said to have brought the Tata Siera on the kutcha berm.” Qua Rajesh Kumar PW-5 and Kuldip Singh PW-6, learned Sessions Judge noticed that their testimony is not substantive character inasmuch as they had been only examined in chief which stood deferred at one point of time and they did not enter the witness box again for their cross-examination. It is, thus, apparent that the learned Sessions Judge recorded thoroughly acceptable reasoning to hold that the prosecution case did not merit acceptance. I see no reason to differ with the finding of fact recorded by the learned Sessions Judge. In the light of the fore-going discussion, the appeal is held to be devoid of merit and there are no ground to grants the leave to appeal to the appellant. Dismissed. December 15, 2008 (S.D. ANAND) Pka JUDGE