IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Cr.Appeal No. 97 of 2002 Date of decision : December 11, 2008. State of H.P. …Petitioner Versus. Jagmohan Sharma & Ors. …Respondent(s). Coram: The Hon’ble Mr. Justice Deepak Gupta, Judge . Whether approved for Reporting ? No For the Petitioner: Mr. Rajesh Mandhotora, Deputy Advocate General. For the Respondents: Mr.P.C. Sharma, Advocate. Deepak Gupta, J (Oral) This appeal is directed against the judgment of the of the learned Additional Chief Judicial Magistrate, Kandaghat dated 22.9.2001 in Criminal case No. 62/2 of 99, whereby he acquitted the respondents of having committed offences punishable under Sections 324, 323, 506 read with Section 34 of the Indian Penal Code. The prosecution version, in brief, is that on 2.8.1999 Jitender Verma lodged a complaint with the Police Station, Kandaghat to the effect that he returned from Solan to Kandaghat after finishing his work at about 6.30 p.m. on the said date. When he got down from the bus the accused inflicted a knife blow on him and he suffered a cut injury on his fingers and also on his head. He was given fist and leg blows by all the accused and fell down on the ground. Thereafter, he - 2 - was dragged by the accused and in this process his clothes were torn and he lost a draft of Rs.1,90,388/- and cash of Rs.4500/-. He further stated that all the accused were under the influence of liquor. The accused thereafter ran away from the spot. On the basis of this written complaint, FIR Ext.PW-1/A was lodged, investigation was done and after completion of the same the accused were sent for trial. The learned trial Court acquitted the accused. Hence, the present appeal. The learned trial Court has noticed that the statement of the complainant Jitender Verma in Court is quite contradictory to what has been set out in the written complaint. Whereas in the written complaint he had stated that as soon as he alighted from the bus he was given a knife blow resulting in injuries to his fingers and head, in Court he states that when he got down from the bus he was caught by accused Jagmohan Sharma who started beating him and thereafter he was assaulted with a sharp edged weapon. He also states that his shirt and buttons were torn but has not stated that these were torn when he was being dragged as stated in the complaint Ext.PW-3/A. The shirt and buttons have not been taken into possession by the police and there is no explanation as to why the torn shirt which was material evidence was not taken into possession. The only other eye-witness is one Pawan Kumar who has simply stated that the accused were beating up the complainant. He has not given any details or description of the manner in which the complainant was beaten by the accused. This witness in cross - 3 - examination admitted that he had a quarrel with the brother of the accused. He cannot be termed to be an independent witness. The incident is stated to have taken place in the midst of Kandaghat Bazaar between 6.30 to 7 p.m. in the month of august when there is sufficient light. There is no explanation as to why other independent witness such as the shopkeepers of the Kandaghat Bazaar were not associated with the investigation. No recovery of the alleged weapon of offence has been made. According to the medical evidence the injuries could have also been caused by a fall. There is no proof of the draft allegedly lost in the scuffle. The learned trial Court, in my opinion, rightly acquitted the accused. The judgment calls for no interference. The appeal is without any merit and is dismissed. Bail bonds furnished by the accused are discharged. December 11, 2008. ( Deepak Gupta ), J. PV