IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Criminal Appeal No.106 of 2001 Date of decision : May 8, 2008 State of H.P. …Appellant. Versus Prem Chand and others …Respondents. Coram The Hon’ble Mr. Justice Surjit Singh, Judge. Whether approved for reporting?1.No. For the appellant : Mr. P.K. Sharma, Additional Advocate General. For the Respondents : Mr. Lakshay Thakur, Advocate Surjit Singh, Judge (Oral) State is aggrieved by the judgment of trial Court, whereby the respondents, who were tried for offences, under Sections 325 and 506 IPC, have been acquitted. 2. Report was lodged with the police on 26.12.1994 by PW-1 Ratto Ram that on 24.1.21994 around 3 PM when he was taking his cattle to the forest, his cow happened to fight with the cow of respondent Prem Chand, upon which respondent Meena Devi, who is wife of respondent Prem Chand, started hurling abuses and soon thereafter respondent Prem Chand came there armed with a Lathi and dealt a blow which hit him on his head. Thereafter he was beaten up by all the four respondents. When PW-2 Promila Devi, his daughter-in- law, came to his rescue, she too was beaten up. 3. Police got PW-1 Ratto Ram medically examined. Five injuries were noticed on his person. One of the injuries was on the back Whether reporters of the local papers may be allowed to see the judgment? …2… side of left hand. That injury was got x-rayed and it was found that there was fracture of one of the metacarpals. The injury was, therefore, opined to be grievous. Other injuries were opined to be simple in nature. 4. Trial Court has disbelieved the prosecution evidence on account of contradictions in the testimony of PW-2 Ratto Ram and his daughter-in-law Promila Devi (PW2). 5. I have gone through the record and heard the learned Additional Advocate General and the learned counsel for the respondents. PW-1 Ratto Ram stated that all the respondents gave him beatings and that his daughter-in-law PW-2 Promila Devi was also beaten up when she tried to rescue him. However, PW-2 Promila Devi has stated that only respondent Prem Chand had given beating to PW-1 Ratto Ram. She has not named any other respondent. She also did not say that she too was beaten up by Prem Chand or any other respondent. PW-1 Ratto Ram says that one fist blow was dealt on his mouth as a result of which two of his teeth gave way. However, the medico legal report does not suggest that any tooth of the injured was broken in the incident. He had only five teeth, in both the jaws, at the time of his medical examination. He is an old man of 73 and it appears that because of old age, most of his teeth had fallen, on account of decay etc. 6. In view of above stated position as also the fact that the matter was reported to the police two days after the occurrence, I see no reason to interfere with the judgment of acquittal passed by the trial Court. Hence, the appeal is dismissed. May 8, 2008 (ss) ( Surjit Singh ), J …3…