IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.A No.161 of 1996 Decided on : September 11, 2009 State of H.P. …Appellant. Versus Subhash Chand and another …Respondents. Coram The Hon’ble Mr. Justice Surjit Singh, Judge. The Hon’ble Mr. Justice Surinder Singh, Judge. Whether approved for reporting?1 No. For the Appellant : Mr. Ramesh Thakur, Assistant Advocate General. For the Respondents : Mr. G.D. Verma, Senior Advocate, with Mr. B.C. Verma, Advocate. Surjit Singh, J(Oral) State has appealed against the judgment, dated 5th December, 1994, of learned Sessions Judge, Shimla, whereby respondents Subhash Chand and Rajesh alias Nanka, who were tried for offences, under Sections 279, 337, 364, read with Section 34 of the Indian Penal Code, have been acquitted. 2. On 5th July, 1993, PW-1 Nikka Ram lodged a report with the police, which was entered at No.8, that on the previous day, around 3 p.m., when he accompanied by PW-2 Dhani Ram, was going towards a sawmill in village Madog, a Maruti Gypsy, on the front screen of which letters Whether reporters of the local papers may be allowed to see the judgment? …2… ‘JJO’ were written, came at a fast speed and its bumper hit him on his right leg, as a result of which he fell down and when he managed himself and got up he saw that PW-2 Dhani Ram was not there. 3. On the basis of the aforesaid report, case was formally registered vide FIR Ex. PW-1/A. PW-1 Nikka Ram was got medically examined and as per medical report Ex. PW-9/A, blunt injuries were found on lateral aspect of his right leg and left thigh, besides trauma on left arm. Injuries were opined to be simple in nature. On 5th July, 1993, Dhani Ram was also got medically examined by the police and as per medical certificate Ex. PW-9/B he had abrasions all over his back and left arm and one laceration, measuring 2x2 cm over right shin. These injuries were opined to be simple in nature. 4. PW-2 Dhani Ram told the police that when he and PW-1 Nikka Ram were walking along the road in the area of village Madog, Gypsy No.DNB 5464 appeared and hit both of them and thereafter the respondents, who were travelling by that Gypsy physically lifted and bundled him into the Gypsy and carried him to the house of respondent Subhash Chand in village Jaltar, where he was taken to a room and beaten up. He also told the police that he feigned unconsciousness, so that the respondents did not give him further beating, and this trick worked and the respondents, taking him for unconscious, left him in the room and went …3… away and soon thereafter he escaped from that room and reached the Police Station, walking through the forest. 5. Police completed the investigation. It took into possession two Gypsies, one bearing registration No.DNH- 2078 and another registration No.DNB-5464, and challaned both the respondents. 6. Trial Court charged the respondents with offences, under Sections 279, 337 and 364 of the Indian Penal Code. It did not believe the prosecution version and acquitted the respondents. 7. We have heard the learned Assistant Advocate General and as also the learned counsel for the respondents and gone through the record. 8. Even though PW-2 Dhani Ram stated that he was given severe beating by the two respondents, after having been taken to village Jaltar, as a result of which he became unconscious, the medical evidence shows that he had only abrasions on his body and a laceration over right shin. Nobody has corroborated his testimony that he was taken to village Jaltar from the site of the accident. Also, we find from the record that though the incident had taken place on 4th July, 1993 and PW-2 Dhani Ram had reached Chopal on 5th July, 2993, where the Police Station is located, and he had been got medically examined on that very day, but he narrated the incident to the police on the …4… next following day, i.e. 6th July, 1993. There is no explanation for this day. 9. As per investigation conducted by the police, vehicle involved in the accident was DNB-5464, but PW-2 Dhani Ram, in his deposition in the Court, stated that he had been hit by Gypsy No.DNH-2078. PW-1 Nikka Ram stated that the vehicle involved in the accident was a Jeep on which letters ‘JK’ were inscribed on the front screen. No vehicle with letters ‘JK’ inscribed on the front screen was taken into possession during investigation. Also, in the FIR, Nikka Ram got recorded that letters ‘JJO’ were written on the screen. 10. Also, we find contradictions in the testimony of PW-1 Nikka Ram and PW-2 Dhani Ram, as to which of the two had been knocked down by the vehicle. According to PW-1 Nikka Ram, it was he who was hit by the vehicle, but the site plan Ex. PW-13/A shows that it was PW-2 Dhani Ram whom the vehicle hit and caused the injuries. The site plan further shows that as a result of hitting by a vehicle PW-2 Dhani Ram fell on a heap of stones. It is quite likely that the injuries, which were noticed on the person of PW-2 Dhani Ram, were caused by fall on a heap of stones, after he was hit by the vehicle. 11. Further, we find that charge, under Section 364 of the Indian Penal Code, is disproved by PW-2 Dhani Ram’s own testimony, who says that when he became unconscious …5… the respondents went away, meaning thereby that they did not have the intention to kill him. Hence, charge, under Section 364 of the Indian Penal, is not even prima facie made out. 12. Not only that the evidence as to the vehicle, which was involved in the accident, is contradictory, but also we do not find anything, indicating that the vehicle was being driven in a rash or negligent manner or PW-1 Nikka Ram and/or PW-2 Dhani Ram had been deliberately hit. In view of the abovestated position, we see no reason for interfering with the judgment of acquittal passed by the trial Court. Appeal is, therefore, dismissed. ( Surjit Singh ), J September 11, 2009(sd) ( Surinder Singh ), J