HIGH COURT OF HIMACHAL PRADESH AT SHIMLA Cr.A. No. : 522 of 2003 Decided on: 28.7.2010 State of H.P. ……… Appellant. Versus Manohar Lal ………Respondent. Coram: The Hon’ble Mr.Justice V.K. Ahuja, Judge. Whether approved for reporting? No. For the appellant: Mr.J.S. Guleria, Assistant Advocate General. For the respondent: Mr.Vinay Thakur, Advocate. V.K. Ahuja, J.(Oral): This is an appeal filed by the appellant under Section 378 of the Cr.P.C. against the judgment of the court of learned Additional Chief Judicial Magistrate, Court No.1, Shimla, dated 1.7.2003, vide which the respondent was acquitted of the Notice of Accusation put against him for the offences under Sections 279 and 304-A of the IPC. 2. I have heard the learned counsel for the parties and have gone through the record of the case. 3. On appraisal of the judgment passed by the learned trial Court, it is clear that the learned trial Court has reproduced the evidence in para-8 of the judgment and in para-9, it has referred as to how the charges under Section 279 and 304-A of the IPC are to be proved. However, he did not discuss the evidence at all. The most material witnesses were PW-1 Kishori Lal and PW-3 Devender Sharma, injured, and ___________________________________________ Whether reporters of local newspapers may be allowed to see the judgment? Yes. - 2 - without discussing their evidence or relying upon them or discarding their evidence, the learned trial Court finally concluded, without any discussion of the evidence, that the guilt of the respondents does not stand proved. 4. This cannot be said to be a judgment in the eye of law once there is no discussion of the evidence of material witnesses. Therefore, I have no option but to remand the case to the learned trial Court for rehearing the parties and then give its findings afresh. However, in view of the facts of the case, the learned trial Court may also consider the question of spot inspection for better appreciation of evidence, if deemed proper. 5. In view of the above discussion, the appeal filed by the appellant is accepted and the parties are directed to put in appearance before the Additional Chief Judicial Magistrate, Court No.I, Shimla for rehearing the parties and give his findings afresh. The parties are directed to appear before the learned trial Court on 10.8.2010. Needless to say that the case is old one, therefore, the learned trial Court is directed to dispose of the case within three months from the date fixed. In case the respondent does not appear before the learned trial Court on the date fixed, he shall be summoned through bailable/ non-bailable warrant and presence of the respondent shall be secured by the learned trial Court. The Registry is directed to send the record of the case alongwith a copy of this judgment so as to reach the Court well before the date fixed. July 28, 2010. (V.K. Ahuja), (TILAK) Judge