IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.M.P.(M) No.100 of 2008 Decided on: February 27, 2008. State of Himachal Pradesh …Petitioner. VERSUS Sanjay Kumar & another ….Respondents. Coram The Hon’ble Mr.Justice Kuldip Singh, Judge. Whether approved for reporting?1No For the Petitioner : Mr A.K.Bansal, Addl.A.G. For the respondents : Kuldip Singh, Judge (Oral) The State has filed this petition seeking leave to file appeal against the judgment dated 30.10.2007 passed by learned Judicial Magistrate 1st Class, Baijnath, District Kangra, in Criminal case No.115-II/06 acquitting the respondents under Sections 323, 325, 341 read with Section 34 I.P.C. in F.I.R. No.160/06, Police Station, Baijnath. 2. The prosecution case in brief is that PW-1 Roshni Devi made a statement Ext.PW-1/A to ASI Partap Singh that she was having land dispute with respondent No.1. On 11.10.2006 at about 6 P.M. when she was going to nearby fields, respondents came in her way and restrained her from proceeding further. The respondent No.1 was carrying a stick with which he gave beatings to her and her right leg started bleeding. The respondent No.2 also gave her Whether the reporters of the local papers may be allowed to see the judgment? Yes …2… beatings with fist and kick blows. On hue and cry raised by her PW-2 Bishamber Singh and his wife PW-6 Kamla Devi came there and saved the complainant from the respondents. On this statement, F.I.R. Ext.PW-9/A was registered. The complainant was medically examined vide MLC Ext.PW-5/A. After completion of investigation, the respondents were challaned under Sections 323, 325, 341 read with Section 34 I.P.C. and were accordingly charged to which they pleaded not guilty and claimed trial. The prosecution examined 9 witnesses. The statements of respondents were recorded under Section 313 Cr.P.C. but no evidence in defence was led by them. The learned Judicial Magistrate acquitted the respondents, as noticed above. Hence, this petition by the State seeking leave to file appeal. 3. Heard. PW-1 Roshni Devi has stated that respondent No.1 gave her beatings with stick whereas respondent No.2 threw her on the ground. PW-2 Bishamber Singh and PW-6 Kamla Devi came on the spot and on seeing them respondents ran away. She has stated that she sustained injuries on her legs and head. The learned Judicial Magistrate has noticed that PW-1 has further stated that she has disclosed to her doctor who medically examined her that she received the said injuries by way of fall. She has also stated that stick Ext.P-1 was produced by her husband in the Police Station whereas prosecution case is that the stick was produced on the spot by PW-1 Roshni Devi. The earlier case of PW-1 is that respondent No.2 gave her beatings with fist and kick blows but in the Court she has stated that respondent No.2 threw her on the ground. Thus, she has made material improvement in her statement. She has stated that she …3… sustained injuries on her head but in her MLC Ext.PW-5/A there is no injury on her head. The PW-1 has stated that the incident had taken place at about 2.30 or 3 P.M. but in her earlier statement to the police she has stated that incident took place at about 6 P.M. PW-2 Bishamber Singh and PW-6 Kamla Devi, the alleged eye-witnesses of the incident, have not supported the prosecution. They were declared hostile and in their cross examination nothing favourable to the prosecution was extracted. The learned Judicial Magistrate has also noticed that PW-3 Dagu Ram, husband of the complainant, was not an eye-witness. He has further contradicted that stick Ext.P-1 was taken in possession on the spot by the police whereas complainant has stated that stick Ext.P-1 was produced by her husband in the Police Station. The learned Judicial Magistrate has noticed contradictions, improvements in the prosecution story. He has drawn a possible inference from the material on record. No case has been made out for grant of leave to file appeal against the impugned judgment. Hence, leave to appeal refused and the petition is dismissed. February 27, 2007 ( Kuldip Singh ), J. (soni)