IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Cr. Appeal No. 694 of 2000 Date of Decision: 25.3.2008 State of H.P. …Appellant. Versus. Sohan Lal .. Respondent. Coram: The Hon’ble Mr. Justice Deepak Gupta, Judge. Whether approved for Reporting? For the Appellant(s): Mr. Rajesh Mandhotra, Deputy Advocate General For the Respondent(s): Mr. V.K.Verma, vice counsel Deepak Gupta, J. (Oral). This appeal is directed against the judgment of the Additional Chief Judicial Magistrate, Ghumarwin, district Bilaspur, dated 30.6.2000, passed in Case No. 250/1 of 1996 whereby he has acquitted the accused of having committed an offence punishable under Section 324 IPC. The complainant, Ishwar Dass, made a statement under Section 154 Cr.P.C. Ex.PW-4/A to the police on the basis of which FIR, Ex.PW-8/B was recorded. The version given in the FIR is that when Ishwar Dass was returning to his house, near the cattle shed, accused Sohan Lal alongwith two persons came out and told him that today he has fallen into their hands. Thereafter somebody attacked him with a sharp edged weapon. He screamed and thereafter became unconscious. Later he went to his house. On the way he met the wife of Mangu Ram and he informed her about what had happened. 2 Ishwar Dass was examined in court as PW-4. He made various improvements and changes in his statement. In the statement made in court, there is no mention about the two other persons who were with the accused Sohan Lal. Whereas in the FIR there is no mention of the type of weapon, except that it was a sharp edged weapon, in the statement in court, the complainant stated that he was attacked with Kulhari (axe). In the FIR it is not stated who dealt the blow with the weapon. However, in the statement made in court, Ishwar Dass has stated that the blow was dealt by Sohan Lal. Ishwar Dass is the star witness in the case since admittedly the occurrence was not witnessed by any other person. There are glaring contradictions in the statements of Ishwar Dass recorded in court vis-à-vis in the FIR. In cross examination , Ishwar Dass has also admitted that there is litigation going on between him and the accused. Keeping in view the contradictions in the statement of Ishwar Dass and also taking into consideration the admitted fact that there is civil litigation pending between the parties, much reliance cannot be placed on his statement. The learned trial court has rightly acquitted the accused on these grounds. I find no merit in this appeal which is accordingly dismissed. The bail bonds furnished by the accused are discharged. March 25, 2008(K) ( Deepak Gupta ), J.