IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Cr. Appeal No.444 of 2001 Date of decision: Sept. 12 , 2008 State of H.P. Appellant Versus Surinder Kumar and another. Respondents Coram The Hon’ble Mr. Justice V.K. Ahuja, J. Whether approved for reporting1? No. For the appellant: Ms. Subh Mahajan, Dy. Advocate General. For the respondents: Mr.M.L.Sharma, Advocate. V.K.Ahuja, J (Oral). This is an appeal filed by the State of H.P. against the Judgment of the Court of learned Addl. Chief Judicial Magistrate Court No.1, Shimla, dated 20.1.2001, vide which the respondents were acquitted of the charge framed against them under Sections 325, 341, 323 and 506 IPC. Briefly stated, the facts of the case are that on 7.2.1996 at about 10.30 a.m., a report was lodged with the police by the complainant Krishan Dutt that when the complainant accompanied by Med Ram were returning to their home on the previous night at about 10.00 p.m. accused-respondents met them at Junga Bazar who were in a drunkard condition. They gave them abuses and they were about to give them beatings and then they ran away to their houses and the accused persons apprehended them near the house of Vijay Kumar. It was further alleged that accused Surinder Whether the reporters of Local Papers may be allowed to see the Judgment? Yes. 2 gave them beatings with iron rod and accused Udesh assaulted him with fist blocks and kicks. Vijay Kumar came outside and when he tried to rescue them he was also given beatings. The complainant further stated that he suffered injuries on the right hand and finger which was fractured. On this report, a case was registered and after investigation, challan was filed before the learned trial Court, who tried the respondents leading to their acquittal as aforesaid. I have heard the learned counsel for the parties and have gone through the record. On a perusal of the case, it is clear that that the prosecution case mainly rests upon the statements of three eye-witnesses including two injured and the statements of two Medical Officers who have examined the complainant Krishan Dutt as PW-1 and PW-3 Vijay Kumar. A perusal of the statement of complainant PW- 1 Krishan Dutt shows that he has stated that the accused met them at Junga Bazar and gave them abuses and they ran away and were chased at Junga Road and he was given blows with iron rod on his leg and his right arm and his finger was broken. He further stated that Surinder gave beating to him with iron rod and accused Udesh Kumar gave him beatings with kicks and blows and they were rescued by Vijay Kumar. A perusal of his statements show that he has referred to the injuries on his right arm and right leg. A perusal of the statement of PW-6 Dr. Ashok Thakur, who has examined the injured, shows that eight injuries were noticed by him. But the complainant has specifically stated about two injuries only and has not stated about the other injuries suffered by him on the other parts of his body. The complainant has nowhere stated about the injury due to which his tooth was dislocated but the Medical Officer has opined that injury No.3 was dislocation of the lower tooth which was grievous in nature. The Medical Officer has 3 given his opinion that there was a dislocation on the middle joint and last joint of the finger. Thus, from the statement of the complainant, it is clear that the he has not corroborated the prosecution case in regard to the injuries sustained by him since the Medical Officer has given opinion with regard to other injuries also about which the complainant has not stated at all. A perusal of statement of PW-3 Vijay Kumar show that when he appeared in the witness box he turned hostile and did not support the prosecution case. However, in the cross examination, he admitted that the accused were giving beatings to the complainant and he was also beaten up with iron rod, kicks and fist blows by the accused persons. However, PW-7 Dr. Sativa Verma who examined this witness has stated about the injury found on eye brow. In cross examination she stated that there was no injury on his back or any other injury on the person of the injured. PW-2 Med Ram another eye witness who was accompanying the complainant has come up with other explanation that 3-4 persons were also there with the accused persons who gave them beatings and they ran away thereafter which fact does not find mention either in the statement of complainant PW-1 Krishan Dutt or PW-3 Vijay Kumar that the accused were accompanied by other persons who also gave them beatings. This shows that the complainant has made an attempt to save some persons and therefore, he has not named the other persons being present at the spot and, therefore, the statement of the complainant becomes doubtful and cannot be relied upon. PW-2 has come up with another explanation that he went to the house of Darshan Dass who accompanied them to the police post. He also stated that the police refused to register the case and on the next day report was lodged with the police whereas, PW-3 Vijay Kumar has nowhere stated that Darshan Lal went to the police post or the 4 police refused to register the case. The said Darshan Lal was also not examined. The learned trial Court has also observed that police post was at a distance of 10 minutes walk from the house of the complainant but the report was not lodged in the night or immediately in the morning but was registered around 10.30 a.m. From the above discussion, it is clear that the findings recorded by the learned trial Court holding that the prosecution has failed to prove its case beyond any reasonable doubt cannot be said to be perverse calling for an interference by this Court. In view of the above discussion, I accordingly hold that there is no merit in the appeal filed by the State of H.P. which is accordingly dismissed. The bail bonds furnished by the respondents stand discharged. 12th September ,2008. (V.K.Ahuja),J. (sds)