IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Criminal Appeal No. 329 of 2000 Date of decision: 29.2.2008 State of Himachal Pradesh ..Appellant Versus Keshwa Nand ..Respondent Coram The Hon’ble Mr. Justice Deepak Gupta, Judge. Whether approved for reporting?1 NO For the Appellant: Mr. Rajesh Mandhotra, Deputy Advocate General For the Respondent: Mr. G.D.Verma, Senior Advocate, with Mr. Romesh Verma, Advocate Deepak Gupta, J. (Oral) This appeal under Section 378 is directed against the judgment of the Sub Divisional Judicial Magistrate, Rampur, dated 19.8.1999 whereby he has acquitted the respondent-accused of having committed offences punishable under Sections 451 and 506 IPC. Briefly stated the facts of the case are that a complaint Ex. PW-1/A was lodged by the Branch Manager, State Bank of India, Jhakri with the Police 1 Whether the reporters of the local papers may be allowed to see the Judgment? 2 Station, Jhakri on the basis of which FIR Ex. PW-5/B was registered. The complaint in brief was that on 25.10.1996 at about 3.00 p.m. the accused entered in the bank premises with an intention to kill the Manager. He abused the Branch Manager and manhandled the guard. He also threatened to kill the Manager and burn the bank premises. He thereafter went away. It is further alleged that on the next day, i.e. on 26.10.1996 the accused trespassed into the bank premises at about 2.30 p.m. He threatened the bank officials that in case they did not vacate the building, he would kill all of them. He created a lot of nuisance and threw some articles on the floor. He thereafter went out and allegedly connected the water pipe with an electric wire. When one O.P. Sharma, an employee of the bank tried to open the tap, he received an electric shock. Thereafter an electrician was called who found that the electricity fittings were in proper working order. However, when the brother of the accused was called he went inside and thereafter current stopped flowing. 3 The accused has denied the allegations levelled against him. According to him the dispute arose since he had deposited a cheque on 19.10.1996 which was not credited to his account till 25.10.1996 and when he claimed interest on this amount, the bank officials lodged a false complaint. The officials of the bank, including the bank Manager, appeared in witness box and supported their version. However, O.P. Sharma, who is the person who is alleged to have been electrocuted, was not examined. Even the electrician who is alleged to have first checked the wiring has not been examined by the prosecution for reasons best known to it. The main complaint was that the accused had attached a live electric wire to the tap. No evidence in this regard has been led. The incidents are alleged to have taken place on 25.10.1996 and 26.10.1996. The complaint is originally dated 27.10.1996 which has been corrected to 26.10.1996. The FIR was registered on 27.10.1996 at 2.15 p.m. There is no explanation for the delay in lodging the FIR. The learned trial court has rightly held that the prosecution has miserably failed to prove its case and the 4 delay in lodging the FIR makes the prosecution case doubtful. I find no reason to interfere in the judgment of the trial court. The appeal is, therefore, dismissed. February 29, 2008(K) ( Deepak Gupta ), J.