IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. M.P.(M) No.336 of 2011. Date of Decision: 23rd May, 2011. _______________________________________________________ State of Himachal Pradesh …Applicant/Appellant. Versus Dipish Pal ..Respondent. Coram Hon’ble Mr. Justice Surinder Singh, J. Whether approved for reporting1? For the appellant : Mr. A.K. Bansal, Additional Advocate General. For the respondent : Nemo. ____________________________________________________ SURINDER SINGH, J (Oral). The State sought leave to appeal against the respondent, as he stands acquitted by the learned trial Court in Police Challan No.60/2 of 2009, decided on 11.2.2011. 2. Heard. 3. On 9.6.2009 at about 5.30 pm the respondent was raising wall. The complainant stopped him from carrying out the work through masons PW1 Mohammad Juber and PW5 Munna Ansari. On this, respondent picked-up an altercation and throw a brick towards the Whether reporters of the Local papers are allowed to see the judgment? - 2 - complainant which hit the angle, which divided the properties of both the parties. The complainant took the shelter behind water-tank to save herself. She informed her husband PW4 Tilak Raj telephonically. He reached the spot and made complaint to the police. 2. During trial both aforesaid PWs Mohammad Juber and Munna Ansari did not support the case of the prosecution. According to PW4 Shri Tilak Raj, he was not an eye witness, but was informed by his wife. The prosecution banked upon only the statement of PW7 Shri Kamaljeet, who was locked in the civil litigation against the respondent. He was inimically disposed of towards the respondent. In the aforesaid factual background his testimony was rightly discarded by the learned trial Court. Since there is no material corroboration to the statement of the complainant, the prosecution case cannot be said to have been proved against the respondent beyond reasonable doubt. Accordingly, leave to appeal sought by the State is hereby rejected. May 23, 2011. (Surinder Singh), J. (rc)