Criminal Appeal No. 509-MA of 2010. 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Appeal No. 509-MA of 2010. Date of Decision : 30.9.2010. State of Haryana .....Appellant Versus Deepak & others ......Respondents CORAM : HON'BLR MR. JUSTICE ASHUTOSH MOHUNTA HON'BLE MR. JUSTICE NAWAB SINGH Present: Mr. Sandeep Singh Maan, Sr. DAG, Haryana, for the appellant-State. NAWAB SINGH J. Story of the prosecution is : on August 12th, 2006- respondents waylaid Banwari Lal and his son Rajinder and caused injuries to them with dandas and iron rods near Sati Colony Chowk, Rewari. While fleeing, they grabbed Rs.2200/- of Akku-respondent. They also threatened them with dire consequences if they did not vacate their shop situated in Sabji Mandi, Rewari. An alarm was raised. 2. Learned trial Judge convicted Deepak and Akku respondents No.1 and 2 under Section 325 read with Section 34 IPC and sentenced Deepak to undergo imprisonment for 4 months and 19 days and Akku to undergo imprisonment for 6 months and 18 days and acquitted Prem Nath and Kala alias Ishwar-respondents No.3 and 4 respectively by judgment of conviction and order of sentence dated November 26th, 2009. 3. It is against this judgment, the State of Haryana has sought leave to prefer appeal. 4. Prem Nath and Ishwar did not participate in the occurrence. Deepak and Akku caused grievous and simple injuries to Banwari Lal. Prosecution successfully proved story to that effect but it failed to prove the allegations regarding grabbing of amount of `2200/-. No substantial evidence was led to prove the same except Criminal Appeal No. 509-MA of 2010. 2 the bald statement of Banwari Lal-complainant which is not worth credence and was rightly rejected by the Court below. It appears from the evidence that story of grabbing of `2200/- by Deepak and Akku was concocted to involve them in a grave offence. It has also come on record that Banwari Lal was in possession of a shop owned by the respondents and they wanted to get the same vacated from him and due to this, Deepak and Akku caused injuries to him. 5. In view of this, the trial Court was fully justified in convicting Deepak and Akku for the offences punishable under Section 325 read with Section 34 IPC and acquitting for the offences punishable under Sections 392, 394 and 397 IPC and as such, no interference is called for. Leave to appeal is declined. (ASHUTOSH MOHUNTA) (NAWAB SINGH) JUDGE JUDGE 30.9.2010. SN