State Of H.P vs Diwan Singh & Anr
2023 Latest Caselaw 5633 HP

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. Appeal No.305/2009 Decided on: 11.05.2023

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    State of H.P.                               ....Petitioner





                             Versus
    Diwan Singh & Anr.                      ...... respondents

............................................................................................ Coram The Hon'ble Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1

For the petitioner : Mr. Y.P.S. Dhaulta, Additional Advocate General.

For the respondent : Mr. Vipin Pandit, Advocate.

Jyotsna Rewal Dua, J

Respondents were convicted by the learned Trial Court

for the offences under Sections 325 and 341 read with Section 34 of

the Indian Penal Code. They were sentenced to undergo simple

imprisonment for two years and to pay fine of Rs.2,000/- for the

offence under Section 325 read with Section 34 of Indian Penal Code

and Rs.500 each for the offence under Section 341 read with Section

34 IPC with default clauses. Learned Appellate Court reversed the

judgment of conviction and accepted the appeal preferred by the

respondents. They were acquitted of the offences. Aggrieved, the

State has preferred the instant appeal.

2 The prosecution case was that a complaint was lodged

by one Gurdas. The complaint was that the complainant while

Whether reporters of the local papers may be allowed to see the judgment?

returning to his house from the house of Smt. Byas Mani at around

6.30 A.M. on 17.03.2003 was given beatings by the accused persons

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with stick, fists and kicks. As a result, the complainant suffered

injuries on his back, shoulder, left leg, left arm and head. He was

saved from the clutches of accused persons by Sh. Chaman Lal,

Smt. Jawala Devi and Smt. Byas Mani, who reached the spot on

hearing his cries. The complainant was sent for medical examination.

He was found to have suffered simple and grievous injuries.

Learned Trial Court found a prima facie case against the

accused persons for commission of offences under Section 341 and

325 read with Section 34 IPC. They were summoned. All codal

formalities were completed. The prosecution examined 8 witnesses in

all. Statements of the respondents were recorded under Section 313

Cr.P.C. Respondents claimed innocence. After appreciating the

evidence led by the prosecution, learned Trial Court convicted the

respondents. Learned Appellate Court allowed the appeal instituted

by the respondents and held that ocular and medical evidence was

not sufficient to accept the prosecution case. The testimony of the

complainant suffered from infirmities and contradictions. There were

material inconsistencies in the statements of the prosecution

witnesses. The evidence on record was not sufficient to hold that the

respondents had caused grievous hurt and restraint to the

complainant.

3. I have heard learned Additional Advocate General for

the appellant and learned counsel for the respondent.

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4 It was strenuously urged for the appellant that the

complainant had suffered simple and grievous injuries on his person.

This was proved by the medical evidence. The prosecution evidence

proved that the respondents had given beatings to the complainant

resulting in injuries suffered by him.

Learned counsel for the respondents defended the

impugned judgment.

5. On account of following reasons, I am not inclined to

interfere with the judgment of acquittal rendered by the learned

Appellate Court.

5(i) The complainant appeared as PW-1. He inter alia stated

that he was given beatings by the respondents, who had intercepted

his movement while he was proceeding on his way from the house of

Smt. Byas Mani. His further allegations were that the respondents

had dragged him and beat him by using wooden stick and also gave

him blows on different parts of the body. In his complaint, the

complainant had named Sh. Chaman Lal, Smt. Jawala Devi and Smt.

Byas Mani as the persons, who had come to the spot and rescued

him, whereas while appearing as PW-1, he introduced one more

name viz. Smt. Thakur Mani as the person who rescued him from

respondents. His statement to this effect is at variance with his initial

deposition.

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5(ii) Significantly, the wooden stick alleged to have been

used by the respondents in giving beatings to the complainant, was

got recovered at the instance of the complainant.

5(iii) The complainant did not narrate to the police about the

nature of injuries allegedly suffered by him on account of beatings

given by the respondents.

5(iv) Smt. Byas Mani (PW-2) , Sh. Chaman Lal (PW-5) and

Jawala Devi (PW-7) did not support the case of the complainant that

he was given beatings by the respondents. These three prosecution

witnesses only stated having seen the complainant lying on the spot

in question. These witnesses did not link the respondents with the

beatings alleged to have been given by them to the complainant.

These three prosecution witnesses deposed that the complainant had

only told them about his having been beaten up by the respondents.

5(v) Statement of Sunder Singh (PW-6) is also significant.

He testified that complainant's daughter-in-law told him about

complainant having a quarrel with the respondents. Upon this, he

reached the spot and found that the complainant was sitting in the

path but was un-hurt. Though PW-6 stated that complaint reported

having been beaten by the respondents but this witness is very

specific that the complainant was not having any injury on his person.

Statement of PW-6 is to be comprehended vis-a-vis the allegations

levelled by the complainant that he was dragged and given beatings

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by the respondents using wooden stick on his legs, ribs, back, head,

arms.

5(vi) The medical certificate Ext. PW-3/B records that the

complainant was having injury only on shoulder, forearm and leg. No

injury was found on his back and head as alleged by him. The

discrepancies in the statement of the complainant about the manner

in which injury was caused makes his statement doubtful that he

suffered injuries on account of beating given by the respondents.

5(vii) It is important to note that the cardinal principles in the

administration of criminal justice in cases where heavy reliance is

placed on circumstantial evidence, is that where two views are

possible, one pointing to the guilt of the accused and the other

towards his innocence, the one which is favourable to the accused

must be adopted. Hon'ble Apex Court in Kali Ram Vs. State of H.P.

(1973) 2 SCC 808 reiterated in Criminal Appeal No.1304/2018

decided on 16.03.2023.

For the foregoing reasons, the present petition is

dismissed alongwith pending miscellaneous applications, if any.

Jyotsna Rewal Dua Judge 11th May 2023.

(Rohit)