IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA Cr. Appeal No. 54 of 2003. Date of Decision: 18th August, 2009. State of Himachal Pradesh .. Appellant. Versus Rajinder Singh and others .. Respondents. Coram The Hon’ble Mr. Justice Surjit Singh, Judge. Whether approved for reporting?1 For the appellant: Mr. P.K. Sharma, Additional Advocate General. For respondents No.1, 2 and 4: Mr. Ajay Kochhar, Advocate. For respondents No.3 & 5: Mr. M.L. Brakta, Advocate. Surjit Singh, J (Oral). State has appealed against the judgment dated 28th December, 2001, of learned Chief Judicial Magistrate, Shimla, whereby respondents Rajinder Singh, Sanjay Thakur, Tejinder Paul Singh, Purshotam Ram and Ramesh Kumar, charged with and tried for offences, under Sections 332, 224 and 225 read with Section 34 of the Indian Penal Code, have been acquitted. Prosecution case which led to the trial of the respondents may be summed up thus. On 25th May, 1993, respondent, Ramesh Kumar, allegedly hit his vehicle No.HIS-1145 1 Whether the reporters of Local Papers may be allowed to see the judgment? - 2 - against the wall of a garage near Police Station (East), Shimla, while driving the said vehicle in a rash or negligent manner. He was allegedly under the influence of liquor, while he caused the accident. Two Constables, namely, Jai Dev, PW-5 and Prem Singh, PW-3, were deputed to get respondent Ramesh Kumar medically examined. When the two Constables escorting respondent Ramesh Kumar reached near Marina Hotel, the said respondent escaped from police custody. He was chased by the accompanying above named two Constables. They overpowered him at a distance of about 100 yards and in the meantime, four other respondents appeared from somewhere and all of them assaulted the two Constables to get Ramesh Kumar released. One Home Guard, volunteer, named Ranjit Singh, happened to reach the spot. He was required by two Constables to inform the concerned Police Station. Some police officials reached from the Police Station and overpowered all the respondents. The prosecution examined five witnesses, including the two Constables to prove the charge against the respondents. The respondents denied that they assaulted the police Constables or tried to get respondent Ramesh Kumar released from the custody. Trial Court held that the evidence of the prosecution did not prove the case beyond reasonable doubt and consequently acquitted the respondents. I have heard learned Additional Advocate General as also the learned Counsel representing the respondents. Prosecution did not prove any document to substantiate the allegation that a case had been registered against respondent - 3 - Ramesh Kumar for his allegedly causing accident and in that case it was sought to get him medically examined for ascertaining whether he was drunk or not. One docket Ext.PW-1/A was proved. This docket had allegedly been issued by Head Constable Shamsher Singh. It appears that the names of two allegedly assaulted Constables are inserted in this docket subsequently. It is alleged that in the course of assault, Jersy of police Constable Jai Dev and shirt worn by Constable Prem Singh got torn. The Jersy was not produced. Shirt was though produced, but PW-3 Prem Singh did not say that it was the same shirt which he had been wearing when the incident took place. For the foregoing reasons, I do not think this is a fit case for interference with the judgment of acquittal, especially when a period of sixteen years has elapsed, since the occurrence of the alleged incident. Hence, appeal is dismissed. August 18, 2009 (rc) (Surjit Singh), Judge.