IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.A No.84 of 2003 Date of decision : October 27, 2009 State of H.P. …Appellant. Versus Des Raj and another …Respondents. Coram The Hon’ble Mr. Justice Surjit Singh, Judge. Whether approved for reporting?1 For the Appellant : Mr. Ramesh Thakur, Assistant Advocate General. For the Respondents : Mr. Ajay Sharma, Advocate. Surjit Singh, Judge (Oral) State has appealed against the judgment, dated 12th August, 2002, whereby respondents, who were charged with and tried for offences, under Sections 324, 323, 506, read with Section 34 of the Indian Penal Code, for allegedly having voluntarily caused injuries to Tara Chand (PW-1), have been acquitted. 2. Allegations, which led to the trial of the respondents, may be noticed. On 7th November, 1997, around 8 or 8.15 p.m., when PW-1 Tara Chand was returning home, along a village path, he was affronted by the respondents. They started hurling abuses at PW-1 Tara Chand. When PW-1 Tara Chand objected, they assaulted him. Respondent Gian Chand dealt fist and kick blows, Whether reporters of the local papers may be allowed to see the judgment? …2… while respondent Des Raj took out a knife and caused an incised wound on the left ear. PW-1 Tara Chand raised alarm, which attracted PW-2 Mohinder Singh and PW-5 Ravinder Kumar. The two witnesses intervened. Respondents rain away from the spot, threatening that they would kill PW-1 Tara Chand, as and when they get another opportunity. 3. Matter was reported to the police, on the next following day, vide FIR Ex. PW-6/A. PW-1 Tara Chand was got medically examined. A number of simple hurts were found on his person, by PW-4 Dr. Anil Mahajan. One of the injuries on the ear was incised wound, which, in the opinion of the doctor, could have been caused by means of knife Ex.P-1. Respondent Des Raj allegedly produced knife Ex.P-1, during the course of investigation. 4. Trial Court has not believed the version of PW-1 Tara Chand and the two independent witnesses, namely PW-2 Mohinder Singh and PW-5 Ravinder Kumar, and acquitted the respondents. 5. I have heard the learned Assistant Advocate General as also the learned counsel for the respondents and perused the record. 6. PW-1 Tara Chand testified that he was given fist and kick blows by respondent Gian Chand and a knife blow by respondent Des Raj and that when he raised alarm, witnesses PW-2 Mohinder Singh and PW-5 Ravinder Kumar …3… came to his rescue and on seeing them the respondents fled from the scene, threatening that they would kill him on getting another chance. 7. Testimony of PW-2 Mohinder Singh and PW-5 Ravinder Kumar gives the impression that they reached the spot only after the respondents had disappeared. PW-2 Mohinder Singh stated that when he reached the spot, the respondents had already run away. At the same time, he stated that he saw the respondents giving beating to PW-1 Tara Chand. Thus, his statement is self-contradictory. The witness further stated that after some time PW-5 Ravinder Kumar reached the spot. That means PW-5 Ravinder Kumar reached the spot only after the respondents had disappeared, per testimony of PW-2 Mohinder Singh. PW-5 Ravinder Kumar stated that when he reached the spot, a Danda used by respondent Gian Chand and a knife used by respondent Des Raj were lying on the spot. Now, if the two respondents had already fled and a Danda and a knife were lying on the spot, prosecution version that the knife was produced by respondent Des Raj cannot be believed. It is not the case of PW-1 Tara Chand that any of the respondents was armed with a Danda. Therefore, it can be presumed that the Danda, which was allegedly seen by PW-2 Mohinder Singh, on the spot, belonged to PW-1 Tara Chand. …4… In view of the abovestated position as also the fact that the doctor has opined that all the injuries could have been sustained as a result of fall, it cannot be said that the view taken by the trial Court is perverse or can not be possibly formed from the evidence on record. Hence, the appeal is dismissed. October 27, 2009(sd) ( Surjit Singh ), J.