IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. Cr. A. No.: 178 of 1997. Decided on: 04.06.2010. ___________________________________________________ State of Himachal Pradesh. … Appellant. Versus Bishan Bahadur Rana. … Respondent. Coram The Hon’ble Mr. Justice R.B. Misra, J. The Hon’ble Mr. Justice Rajiv Sharma, J. Whether approved for reporting?1 No. For the appellant : Mr. Rajinder Dogra, Additional Advocate General and Mr. Vikas Rathore, Deputy Advocate General. For the Respondent : Mr. Banbhushan Singh, Advocate vice Mr. Ajay Sharma, Advocate. Rajiv Sharma, Judge (Oral): By means of the present appeal, the State has challenged the judgment rendered by the learned Chief Judicial Magistrate, Kangra at Dharamshala in Criminal Case No.138-II of 1993, dated 29.7.1995 whereby the accused, who was charged with having committed the offence punishable under Section 326 of Indian Penal Code, has been acquitted. 1 Whether the reporters of Local Papers may be allowed to see the judgment? No. - 2 - 2. The case of the prosecution, in a nutshell, is that complainant, PW-1 Sobha Ram deals in sale of shawls at Dharamahsla. On 28.5.1993 at about 11.30 p.m. he was returning to his residence at Sugher. When he reached near Octroi Post, accused gave him signal to stop and accordingly the complainant stopped his scooter. The accused asked the complainant to hand over his scooter as he (accused) wanted to go to Dharamshala. Complainant refused to oblige the accused. The accused stabbed the complainant in the right side of chest with a knife and ran away from the spot. Wife of complainant and other persons also gathered at the spot. He was medically examined in Zonal Hospital, Dharamshala. The Medical Officer found grievous injuries with sharp edged weapon on the person of the complainant. Accordingly, F.I.R. No.165 of 1993 was registered under Section 326 of Indian Penal Code. The matter was investigated and the challan was put up against the accused after completing all the codal formalities. Accused was charged with having committed the offence aforesaid. After completion of prosecution evidence, the accused was also examined under Section 313 of the Code of Criminal Procedure. The accused denied the prosecution case against him. The trial Court acquitted the accused. Hence, this appeal by the State. 3. We have heard the learned counsel for the parties and gone through the record. - 3 - 4. PW-1, Sobha Ram had deposed that when he was coming back after leaving his friend on his scooter on 28.5.1993, he was stopped by the accused at the Octroi Post. He demanded scooter from him. He refused to oblige the accused. The accused was drunk. The accused started pushing him and threatened him to kill. Joginder Singh and Pritam Chand came after hearing the noise. Thereafter, the accused stabbed him on the right side of his chest. Many people arrived at the spot and the accused ran away. He (complainant) went to the police station with his wife and lodged the report. According to him, one shirt Ex.P-1 and vest Ex.P-2 were taken into possession by the police on 30.5.1993. He also identified the knife Ex.P-3. He also stated that the accused stabbed him with Ex.P-3. 5. PW-2 is Shri Pritam Chand. He saw the accused and complainant exchanging hot words at the shop of the accused. He was standing at some distance and thereafter he left the place. He was declared hostile. PW-3 is Shri Amarjeet. He deposed that he was associated by the police in the investigation. According to him, PW-1 Sobha Ram was teasing the wife of accused. Sobha Ram was carrying a “Khanjar” in his hand. PW-4 is Shri Joginder Singh. He deposed that he did not know about the quarrel. He was at his home and he was told by Sobha Ram that he was stabbed by accused. He was also declared hostile. - 4 - 6. PW-5, Dr. D.N. Chadha has medically examined PW-1, Sobha Ram on 29.5.1993. He issued medical certificate Ex.PW-5/A. He found the following injuries on the person of PW-1:- “1). He was smelling of Alcohol but there was no shivering of speech, gait was normal, pupils were normal. 2). 2” x 2” stab injury right side chest in the costal space 2” on the lateral side of the nipple, insula and plura injured surgical and emphysems was present and he was advised X- ray for injury No.2, this injury was stated grievous caused by a sharp weapon.” 7. Statement of PW-1, Sobha Ram does not inspire confidence. He has stated that he handed over the shirt and vest to the police on 30.5.1993 in the police station. However, in cross-examination, he stated that he handed over the clothes in the hospital. PW-2 has not supported the case of the prosecution and he was declared hostile. PW-3, Amarjeet has given a new twist to the facts of the case. According to him, Sobha Ram (PW-1) was teasing the wife of the accused and he was carrying khanjar in his hand. PW-4, Joginder Singh has deposed in cross-examination that the complainant (PW-1) used to consume alcohol and used to tease the wife of accused. PW-5 has testified that the injury No.2 could be caused by a fall after consuming alcohol on a sharp edged object like piece of - 5 - glass and slate and the injuries on the person of Sobha Ram could be caused in scuffle. 8. What emerges from the statements of the witnesses, discussed hereinabove is that PW-1 used to tease the wife of accused. The prosecution has not proved the recovery of weapon of offence in accordance with law. The witnesses to the recovery have turned hostile. There are discrepancies, inconsistencies and improvements made in their statements by the witnesses. Therefore, the prosecution has failed to bring home the guilt of the accused. 9. Accordingly, in view of the above discussion, we find no merit in this appeal, which is dismissed. Bail bonds furnished by the accused/respondents are ordered to be discharged. (R.B. Misra), Judge. (Rajiv Sharma), Judge. June 04, 2010. (sck).