IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. Cr.A. No.101/2001 Reserved on.29.12.2007 Decided on. 7.1.2008 State of H.P. …Appellant. Versus Sada Nand Chauhan & others. …Respondent Coram The Hon’ble Mr. Justice Rajiv Sharma, J. Whether approved for reporting ?1. No. For the appellant : Mr. V.K. Verma, Additional Advocate General. For the respondents Mr. Rakesh Jaswal, Advocate. Rajiv Sharma, J. The respondents were prosecuted in criminal case No. 68/2 of 1999/97 for offences punishable under sections 147, 149, 341, 353, 332 and 506 of the Indian Penal Code in the court of Additional Chief Judicial Magistrate, Nahan, H.P. and were acquitted on 1.1.2000. The State has filed this appeal against the acquittal of the respondents. The prosecution case in nutshell is that on 11.7.1997 at about 11.30 P.M., complainant Narender Kumar ASI lodged a report at police post Kala Amb to the effect that he was posted as SHO Police Post Kala Amb, falling under Police Station, Naraingarh and around 11.15 P.M. while he was present at Chowki, one salesman Satish Kumar of Country Liquor Vend at Kala Amb came to him and told that his relations are waiting at Police Post Kala Amb and he left for Police Post Kala Amb in uniform and armed with pistol on his personal scooter . When he reached near the 1 Whether the reporters of Local Papers may be allowed to see the judgment? No. 2 curve, Sada Nand Thekedar signaled him to stop and consequently, Sada Nand, his son Tinku, Satish Salesman, Balli, Ranjit and their 6-7 companions all of a sudden started beating him with slaps and fist blows and also tore away his uniform besides snatching his service pistol. Consequently, FIR was registered and the matter was investigated. To prove its case, the prosecution has examined as many as 13 witnesses, however, PWs Mehar Chand, Sanjay Kumar, Jangbir Singh, Mohinder Kumar, Jaibir Singh and Chhater Singh were given up by the prosecution. The statements of the respondents were recorded under section 313 of the Code of Criminal Procedure. The trial court acquitted the respondents on 1.1.2000. The learned Additional Advocate General had strenuously argued that the prosecution has proved its case against the accused beyond reasonable doubt. Mr. Rakesh Jaswal, Advocate appearing on behalf of the respondents-accused had supported the judgment dated 1.1.2000. I have heard the learned counsel for the parties and have gone through the record of the case. The statement of PW-1 complainant Narender Kumar ASI is highly improbable. It is not believable that a Police Officer will leave his post and go across the border at the instance of a person who is not known to him i.e. Satish Kumar. PW-1 has admitted in his cross-examination that he was not known to Satish Kumar. He has left at around 11 P.M. from his post at the instance of Satish Kumar. He was bound to make inquiries about his relations as stated by a stranger Satish Kumar. The other contradictions in the statement of PW-1 is that if his relations were waiting for him at Police Post Kala Amb they would have simply come to see him at the place of his posting instead of sending Satish Kumar to inform him. 3 It is also difficult to believe the version of the prosecution that the complainant had recognized the assailants since it was pitch dark. The trial court after perusing the entire record rightly acquitted the respondents. The prosecution has miserably failed to prove the case against the respondents. In view of the observations made hereinabove, this Court will not interfere in the well reasoned judgment of the learned Additional Chief Judicial Magistrate, Nahan dated 1.1.2000 acquitting the respondents. The result of the above discussion is that there is no merit in the appeal and the same is dismissed. The bail bonds furnished by the accused are discharged. ( Rajiv Sharma), Judge January 7, 2008. *Awasthi*