IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. Appeal No.682 of 2002 Date of judgment: July 29, 2009 State of H.P. ..Appellant. Versus Arvind Kumar & anr. …Respondents. Coram The Hon’ble Mr. Justice Surjit Singh, Judge. Whether approved for reporting?1 For the Appellant : Mr. Ramesh Thakur, Assistant Advocate General. For the Respondents : Mr. Ajay Sharma, Advocate. Surjit Singh, J. (Oral) State has appealed against the judgment dated 1.6.2002 of learned trial Magistrate, whereby respondents who were tried for offences, under Sections 323, 324 and 506 read with Section 34 IPC, have been acquitted. Case was registered against the respondents on the report of PW2 Vijay Kumar, who alleged that on 27.8.2001 at 9 p.m., respondents assaulted him with a Drat and a sword and injuries were caused to him on a leg by means of Drat by Arvind Kumar and on the chest Whether reporters of the local papers may be allowed to see the judgment? - 2 - with a sword by respondent Vipin Kumar. Police got PW2 Vijay Kumar, medically examined. Medical examination was conducted by PW1 Dr. Mohan Singh, who found a stab wound on the medial aspect of the left leg; a scratch mark on the right side of the chest and an abrasion on the left knee joint. Vijay Kumar reported that when he cried for help, his mother PW-8 Jamna Devi, aunt PW-3 Bhota Devi and some other persons, came to his rescue and on seeing them, the respondents ran away. Respondent Vipin Kumar, left his sword on the spot, which PW2 Vijay Kumar, claimed to have picked up. Sword was produced to the police by said Vijay Kumar. Respondent took the plea that on the fateful night, when respondent Arvind Kumar was returning after closing his tea shop, he found the path leading to his house blocked with stones and thorny bushes. When he was clearing the path, PW2 Vijay Kumar, accompanied by his uncle Udham Singh and one Mehar Singh, all armed with Dandas, came there and attacked him and when Arvind Kumar raised alarm, respondent Vipin Kumar went to his rescue. They also pleaded that Arvind Kumar had sustained injuries on account of his having been beaten up by Vijay Kumar and his above- named uncle Udam Singh and one Mehar Singh. Trial - 3 - Court believed the defence version and acquitted the respondents. I have heard the learned Assistant Advocate General, as also the learned counsel for the respondents and scrutinized the evidence on record. Statement of PW2 Vijay Kumar injured is not corroborated even by the medical evidence. According to him, he was hit on his chest with a sword and he sustained a bleeding injury. His medical evidence in the form of medico-legal-report Ex.PW1/A and statement of PW1 Dr. Mohan Singh, shows that there was only a scratch mark measuring 2.5 x .2 cm on the chest of Vijay Kumar and this injury, as per opinion of PW1 Dr. Mohan Singh, had been caused by means of a hard and blunt weapon. Vijay Kumar himself admitted that on the fateful day, the path leading to the house of respondent Arvind Kumar had been blocked. He also admitted that Arvind Kumar started clearing the path by removing stones and thorny bushes. He also admitted the suggestion that he had sustained injuries in the fight between him and the respondent. PW3 Bhota Devi stated that when she reached the spot, only injured Vijay Kumar was there. PW8 Jamna Devi, mother of PW2 Vijay Kumar made self contradictory statement. She kept on changing her - 4 - statement with respect to the presence of the accused persons on her reaching the spot. She stated that her son had told her that he had been inflicted an injury on his chest with a sword. At the same time, she stated that injuries had been inflicted on the chest of her son in her presence. Further, she stated that both sword and Drat had been snatched by her son Vijay Kumar from the respondents. Vijay Kumar himself does not say that he had snatched any weapon from any respondent, though he did state that respondent Arvind Kumar left his sword on the spot which he picked up. In view of the above stated position, I do not think this to be a fit case for interfering with the judgment of acquittal. Consequently, the appeal is dismissed. July 29, 2009. (Surjit Singh), J s