IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.A No.42 of 1998 Decided on : March 10, 2010 State of H.P. …Appellant. Versus Jobni Ram …Respondent. Coram The Hon’ble Mr. Justice Surjit Singh, Judge. The Hon’ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting?1 For the Appellant : Mr. Ramesh Thakur, Assistant Advocate General. For the Respondent : None. Surjit Singh, J (Oral) State has appealed against the judgment, dated 28th July, 1997, of the Sessions Court, whereby respondent Jobni Ram, who was tried for offence, under Section 328 of the Indian Penal Code, has been acquitted. 2. Stated in a nutshell the case of the prosecution is that respondent Jobni Ram and Shiv Ram (PW-1) were not on good terms and several criminal and civil cases were pending between them, including a case in which the respondent had alleged that PW-1 Shiv Ram had removed his crop worth Rs.700/-. On 12th November, 1992 around 9.15 p.m., when PW-1 Shiv Ram was asleep in his house, his son Kishu Ram (PW-2) came from outside and told him that the respondent had been adding some substance from Whether reporters of the local papers may be allowed to see the judgment? …2… a bottle to the water kept in a canister outside the house. PW-1 Shiv Ram went outside the room and saw that the water in the canister was milky white. He went to the house of the Pradhan of the Panchayat on the next following day but he was not available and on the third day he went to the Police Station and lodged report. 3. Police reached the spot and recovered bottle Ex. P-1, which the respondent had allegedly thrown into the nearby field, on being questioned by PW-2 Kishu Ram as to what he was adding to the canister of water from that bottle. Sample of water from the canister was also taken. Bottle recovered from the field and sample of water were sent to the Chemical Examiner, who gave the opinion, vide report Ex. PW-11/D that there were traces of Organo Phosphorous insecticide in the bottle as also in the sample of water. On completion of investigation, respondent was challaned. 4. Trial Court charged the respondent with offence, under Section 328 of the Indian Penal Code. Prosecution examined a number of witnesses. Only PW-1 Shiv Ram and his son PW-2 Kishu Ram supported the prosecution version. Other witnesses did not support the prosecution case. Respondent took the plea of denial simplisiter. Trial Court acquitted the respondent holding that the testimony of PW-1 Shiv Ram and his son PW-2 Kishu Ram do not inspire …3… confidence, especially when the evidence on record suggested that the parties were on inimical terms. 5. We have gone through the record and heard the learned Assistant Advocate General. 6. According to PW-2 Kishu Ram as also his father PW-1 Shiv Ram, the canister to the water of which poison had been added had been kept outside the house, but the site plan Ex. PW-11/B, proved by PW-11 Chuni Lal SHO, suggests that the canister was kept in a shed, forming part of the house of PW-1 Shiv Ram, shown by letter “A” in the said site plan. Again, PW-1 Shiv Ram says that his son PW-2 Kishu Ram, after waking him, showed milky water in a Lota, which he had filled from the canister, but PW-2 Kishu Ram says that he carried the water for being shown to his father in a glass (tumbler). Lota and glass are two different metallic pots. Lota is Gadwi (shaped like small pitcher), while glass is cylindrical in shape. 7. Also, there was delay of two days in lodging the report with the police. Matter was quite serious. Parties were already on inimical terms. Had the accusation been true, report would have been lodged promptly with the police, especially when it has come in the testimony of PW-1 Shiv Ram that in the past also several reports had been lodged by the parties against each other with the police and atleast one matter regarding theft of crop, which …4… had been reported by respondent Jobni Ram against him, was under investigation, at the relevant time. In view of the abovestated position, we see no merit in the present appeal. The same is, therefore, dismissed. ( Surjit Singh ), J March 10, 2010(sd) ( Rajiv Sharma ), J