State Of Himachal Pradesh vs Prem Kumar

Vivek Singh Thakur, J

Heard.

Present appeal has been preferred by the State against the judgment dated 08.01.2021, passed by learned Judicial Magistrate, 1st Class, Court

No.6, Shimla, H.P., in Criminal Case No. 22-2 of 2013, titled as State of Himachal Pradesh vs. Prem Kumar, whereby the respondent-accused has

been acquitted in case FIR No.158 of 2016, dated 20.06.2016, registered in Police Station, Boileauganj (West), Shimla, H.P., under Sections 447, 427,

323 and 504 of Indian Penal Code (IPC).

The prosecution has examined ten witnesses in total. PW.1 Soma Devi is complainant and her husband PW.2 Nand Lal and daughter PW.3 Sapna

Kumari have been examined as spot witnesses. Other witnesses are formal in nature, who have performed their role in completion of investigation. In

para-25 onwards of the impugned judgment, the trial Court has discussed the evidence, wherein glaring contradictions in the statements of PW.1,

PW.2 and PW.3 affecting very genesis of prosecution story have been noticed with observation that these witnesses are not sure about Khasra

number of disputed land and it appears that it was a dispute with respect identity of the land. To identify land, on which dispute was there between

complainant and accused party, nothing material has been placed on record and even the revenue record, establishing ownership of PW.2 Nand Lal

upon the land, on which alleged incident had taken place, has been placed on record and proved in accordance with law and, therefore, evidence with

respect to demarcation has rightly been discarded by the trial Court for want of evidence.

Considering contradictions and lack of material placed on record, trial Court has rightly acquitted the accused person for want of cogent, reliable

and convincing evidence. As such, he is entitled for benefit of doubt.

In view of above, no case is made out for interference as prosecution has failed to prove its case beyond reasonable doubt. More so, respondent

has advantage of having been acquitted by the trial Court fortifying presumption of his innocence and nothing material is available on record to rebut

the same and to conclude that the acquittal of the respondent-accused has resulted into travesty or miscarriage of justice.

For all the aforesaid reasons, present appeal, being devoid of merit, is dismissed. Bail bonds furnished by the accused-respondent are discharged.

Record of the trial Court be immediately sent back.