IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Misc. No.19-MA of 2009 Dated of Decision:- February 16, 2009 State of Punjab ....APPELLANT VERSUS Gurmahavir Singh & another ....RESPONDENTS CORAM: HON'BLE MR. JUSTICE MEHTAB S.GILL HON'BLE MR. JUSTICE L.N.MITTAL Present:- Sh. S.S.Bhinder, Addl. A.G. Punjab. ------ MEHTAB S.GILL, J. The case of the prosecution is that on 5.11.2003 at about 10.45 p.m., a Maruti Car No.PB-17-1666 was coming from Ludhiana side. The police party headed by ASI Balwant Singh received a message, that two persons in this car after snatching a golden chain from a lady were running away. The car near the naka was asked to stop. The person sitting next to the driver of the car asked him to run over the persons of the naka party, so that they could run away. They abused the police officials at the naka. They tried to flee away and the car ran over HC Harmesh Kumar, who was a part of the naka party. The police succeeded in stopping the car. FIR was registered. Challan was put up against the respondents. The learned Addl. 2 Criminal Misc. No.19-MA of 2009 Sessions Judge, Ludhiana vide order dated 1.10.2008 after perusing the evidence acquitted the respondents. State has filed an appeal against the acquittal of the respondents. Learned counsel for the State has argued, that HC Harmesh Kumar, who appeared as PW4, supported the case of the prosecution and the other witnesses HC Tilak Raj PW1 and CII Sukhdev Singh PW2 corroborated his (PW4) statement and the FIR. Dr. Deepak Kumar PW9, who proved the bed head ticket PW9/A, also shows the injuries suffered by HC Harmesh Kumar. We have heard the learned counsel for the parties and perused the impugned judgment. The case of the prosecution is first falsified by the allegation of snatching of the golden chain, where FIR No.466, dated 5.11.2003 was registered against the respondents. The Court of Judicial Magistrate 1st Class, Ludhiana vide its order dated 14.12.2007 has acquitted the respondents. HC Harmesh Kumar has received three minor injuries. The version put forward by the prosecution witnesses is that the car ran over HC Harmesh Kumar. If he had been run over by a car, he would have suffered much more serious injuries and not just three minor injuries. Another big flaw in the prosecution case is that ASI Balwant Singh PW6, who was heading the naka party, himself investigated this case. He naturally was biased against the respondents and he could not have fairly and truthfully investigated the case. 3 Criminal Misc. No.19-MA of 2009 We do not find any infirmity in the judgment of the learned trial Court. Dismissed. (MEHTAB S.GILL) JUDGE (L.N.MITTAL) February 16 , 2009 JUDGE SKArora