HIGH COURT OF HIMACHAL PRADESH, SHIMLA. Cr. Appeal No. 262 of 2001 Date of Decision:26.3.2008 State of H.P. ……. Appellant Versus Mohi Ram …….. Respondent. Coram: The Hon’ble Mr. Justice Sanjay Karol, Judge. Whether approved for reporting? .No For the appellant -State : Mr. Vivek Thakur, Addl. A. G. with Ms. Shubh Mahajan, Dy. A. G For the respondent : Mr. Ramakant Sharma, Advocate. --------------------------------------------------------------------------------------------------- Sanjay Karol, J. (Oral) The present appeal arises out of the judgment dated 22.1.2001 passed by the Sessions Judge, Sirmaur District at Nahan, H.P. in Criminal Appeal No. 85-Cr.A/10 of 2000, titled as Mohi Ram v. State, acquitting the accused of the charged offence. As per the case of the prosecution, on 28.6.1999 at about 8.00 a.m. complainant Bhag Singh and his brother Laxmi Singh were carrying potatoes on mules and when they reached near the house of Saraswati Devi (accused No.4), accused Inder Singh, Mohi Ram, Narda Devi, Saraswati Devi & Kuldip attacked them. Accused Mohi Ram attacked the complainant Bhag Singh with a sword as a result of which he sustained injuries. Report No.8 Ext. PW-10/A was registered with Police Station on the 2 basis of which FIR Ext.PW-11/A bearing No. 54/99 was registered with Police Station, Renukaji under Sections 147, 148, 149, 341, 324, 506 IPC. The complainant was got medically examined and as per MLC Ext.PW-7/A, he was found to have sustained simple injuries. The matter was investigated and with its completion the challan was presented in the Court for trial. The accused persons, namely, Inder Singh, Mohi Ram, Narda Devi, Saraswati Devi and Kuldip were charged for the offences under Sections 148, 323, 324, 341, 506 read with Section 149 IPC, to which they did not plead guilty and claimed trial. In support of its case, the prosecution examined twelve witnesses. Statements of the accused persons under Section 313 Cr.PC were also recorded.. After appreciating the evidence led by the prosecution, the trial Court acquitted all the accused persons of the charged offences except for accused Mohi Ram who was convicted for an offence punishable under Section 324 IPC. This was so done in terms of judgment dated 4.9.2000 passed by the Sub Divisional Judicial Magistrate, Rajgarh, Distt. Sirmaur, H.P. The accused was sentenced to undergo simple imprisonment for six months and also pay a fine of Rs.1000/- and in default thereof to further undergo simple imprisonment for 15 days. Aggrieved by the same, accused Mohi Ram filed an appeal before the Sessions Judge, Sirmaur District at Nahan, 3 H.P., which was registered as Criminal Appeal No. 85-Cr.A/10 of 2000. After appreciating the entire material on record, the first Appellate Court acquitted the accused Mohi Ram of the offence u/s 324 IPC on the ground that the witnesses to the recovery of the sword had not supported the case of the prosecution, and therefore, the version of the prosecution that the accused had hit Shri Bhag Singh with the sword stands belied by the record itself. I have heard the learned counsel for the parties and also gone through the record. Undoubtedly, except for PW-1 & PW-2, all the spot witnesses who have either witnessed the occurrence of the incident or witnessed the seizure of weapon of offence, have not supported the case of the prosecution. Inspite of the cross- examination by the Public Prosecutor, there is nothing which would show the complicity of the accused in the charged offence. As per the version of Dr. K. L. Bhagat (PW-7), the injuries could have been sustained by falling down on head on a pointed stone. During trial, the spot witnesses, Shri Guman Singh (PW-3), Shri Rattan Singh (PW-4), Smt. Malti Devi (PW- 5), Shri Padam Singh(PW-6), Shri Balbir Singh (PW-8) and Shri Hem Raj (PW-9) were declared hostile and in their cross examination, there was nothing which would prove the guilt of the accused. 4 I have perused the statement of Dr. K. L. Bhagat (PW-7). The absence of recovery renders the version of the prosecution to be doubtful which is also strengthened by the version of PW-7, according to whom, the injuries sustained by Shri Bhag Singh (PW-1) could be due to falling on hard and sharp pointed stone. I have perused the sworn testimony of Shri Bhag Singh (PW-1) & Shri Laxmi Singh (PW-2), from which it is clear that there is a prior dispute pending between the parties, both before the SDM and also in Civil Court. Benefit of doubt has been given to the accused. Admittedly, the State has not filed any appeal assailing the judgment dated 4.9.2000. The Courts have held that the prosecution has not been able to prove its case beyond reasonable doubt. The accused has had the advantage of having been acquitted by the Court below. In my view, no case for interference is made out. There is no illegality or perversity in the appreciation of the evidence. For the aforesaid reasons, the appeal is accordingly dismissed. Bail bonds stand discharged. ( Sanjay Karol ), Judge. March 26, 2008 (rana)