IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Criminal Appeal No. 201 of 2002 Date of decision : December 18, 2008. State of H.P. …Appellant. Versus Subhash Chand & ors. …Respondents. Coram The Hon’ble Mr. Justice Surjit Singh, Judge. Whether approved for reporting?1 For the Appellant : Mr. P.M. Negi, Deputy Advocate General. For the Respondents : Mr. Parveen Kumar, vice counsel. Per Surjit Singh, Judge(Oral) This appeal, by the State is directed against the judgment dated 29th December 2001, of Learned Judicial Magistrate Ist class, Kangra, whereby the respondents, who were charged with and tried for offences under Sections 451,354, 323, 325, 506 read with Section 34 IPC, have been acquitted. 2. Report was lodged with the police on 17th July, 2000 at 9.30 a.m. by PW3 Sunil Kumar that on the previous night, around 12.00, when he and his wife were asleep, he was woken up by the cries of his wife. He saw that respondent Kalia was teasing his wife. He also reported that in the meanwhile Piti, wife of Subhash, respondent Shashi Kumar and respondent Subhash Chand also reached there and all of them dealt fist blows to him, as a result of which one of his teeth give way and one more teeth became mobile. Police got Sunil Kumar medically examined. Doctor reported that there was fracture of jaw and also breaking of one of the teeth and mobility of Whether reporters of the local papers may be allowed to see the judgment? …2… another tooth. Thereafter, case was formally registered and on completion of investigation, report under Section 173 Cr.P.C. was filed against all the respondents. 3. Prosecution examined ten witnesses. Its star witnesses were PW3 Sunil Kumar and his wife PW6 Usha Devi. PW3 Sunil Kumar though named respondents Ramesh Kumar, Shashi Kumar and Punam alias Piti, as assailants, he gave clean chit to respondent Subhash Chand saying that he was amongst the rescuers. In the report Ext.PW3/A, he categorically stated that all the respondents assaulted him and hit him with fist blows. He did not specifically name any of the respondents for giving the blow leading to braking up of his tooth. May be that, it was Subhash Chand’s blow, to whom clean chit has been given by PW3 Sunil Kumar, which broke the tooth. PW6 Usha Devi falsifies the version of PW3 Sunil Kumar that Kalia alias Ramesh Kumar respondent had tried to outrage her modesty and on account of that scuffle took place. She stated that there had been a fight between all the respondents on one side and she and her husband on the other. She does not say that Subhash Chand was not involved in the fight, rather she very much accuses him of assault. 4. PW3 Sunil Kumar, in his cross examination, stated that his wife often used to give him beating because she is healthier than him and that in fight prior to the occurrence also, she had hit him with a darat and caused injury to his nose. He has stated that even on the date of occurrence, he was beaten up by his wife. It is quite likely that Sunil Kumar sustained injuries, in question, as a result of the beating given to him on that date, by his wife. …3… 5. In view of the above stated position, I do not think there are good grounds for interfering with the judgment of acquittal passed by the trial Court. Hence, the appeal is dismissed. ( Surjit Singh ), J December 18, 2008 (vs)