STATE OF HIMACHAL PRADESH Vs. HARI SINGH

JUDGEMENT

(1.) THE State is aggrieved by the judgment of the learned Additional Sessions Judge, Fast Track Court, Shimla, H.P. acquitting the respondent -accused for having committed offences punishable under Sections 451, 326, 324 and 506 of the Indian Penal Code. On the evidence produced, the trial Court convicted the respondent to undergo imprisonments: - -

(2.) THE judgment of conviction was challenged by the respondent. The appellate Court on re -appreciation of the evidence acquitted the respondent. Hence the present appeal.

(3.) THE trial Court on the points framed for adjudication concluded that the respondent was guilty of the offences as charged and proceeded to convict him. In appeal, the learned appellate Court re -appreciated the entire evidence before concluding that the respondent was not guilty of the charged offences. Learned appellate Court adverting to the testimony of Padam Singh (PW -2) notes that on the date and time of the incident i.e. 21.5.2002 at 9 p.m. there was no light in the Courtyard. It was also elicited from his evidence that there was no light coming from the window and the door of the house which would have lighted up the Courtyard. Court then records that the FIR was lodged on the next date i.e. 22.5.2002 at about 8.30 a.m. at Police Post Nerwa. Court also noticed that the FIR (Ext. PW 6/A) does not incorporate the fact that Sh. Kontu Ram (PW -3) had taken away the "Basola" and kept it in his custody. It is also clear from the record that there is litigation inter se between the accused and the complainant party. From his statement Court also concluded that there are about 18 houses in the village where 150 to 200 people are living and if anybody cries then the cries/shouts can be heard all over the village.