Himachal Pradesh High Court
State Of H.P vs Ravinder Kumar And Another on 28 April, 2016
Author: Sureshwar Thakur
Bench: Sureshwar Thakur
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.Appeal No. 223 of 2007 .
Decided on: 28.04.2016
State of H.P. ...Appellant.
Versus
Ravinder Kumar and another ...Respondents.
of
The Hon'ble Mr.Justice Sureshwar Thakur, Judge.
rt Whether approved for reporting?
For the Appellant: Mr. Vivek Singh Attri, Dy.A.G. For the Respondents: Mr. Ramesh Sharma, Advocate. _________________________________________________ Sureshwar Thakur, Judge, (Oral):
1. The instant appeal is directed by the State of Himachal Pradesh against the impugned judgment rendered on 29.03.2007 by the learned Judicial Magistrate, 1st Class Theog, District Shimla, in Criminal Case No. 273-1 of 2004, whereby the learned trial Court acquitted the respondent (for short 'accused') for the offences charged.
2. The brief facts of the case are that on 6.8.2004 at about 7.25 p.m. Smt. Bimla Devi alongwith her husband ::: Downloaded on - 15/04/2017 20:12:29 :::HCHP ...2...
Shyama Nand visited P.S.Theog and reported that at about .
7.00 p.m she was working in the fields near the road at place Kundli and her husband was also present there. In the meantime Ravinder alias Bindu came there and started of beatings her husband. The accused while giving beatings to her husband asked him as to why he stopped the vehicle rt of the accused. The accused was threatening to kill her husband. Alongwith him was one Pyara Singh. Said Pyara Singh caught hold of her and accused Ravinder gave beatings to her. She received injuries on her neck, back and other parts of the body whereas her husband on his mouth. On this FIR was registered. After completing all codal formalities and on conclusion of the investigation into the offence, allegedly committed by the accused challan was prepared and filed in the Court.
3. Notice of accusation stood put to the accused by the learned trial Court for theirs committing offences punishable under Sections 341, 323, 325, 506 read with ::: Downloaded on - 15/04/2017 20:12:29 :::HCHP ...3...
Section 34 IPC to which they pleaded not guilty and .
claimed trial.
4. In order to prove its case, the prosecution examined 6 witnesses. On closure of prosecution of evidence, the statement of the accused under Section 313 of the Code of Criminal Procedure, were recorded in which rt they pleaded innocence and claimed false implication.
They did not choose to lead any evidence in defence.
5. On an appraisal of the evidence on record, the learned trial Court returned findings of acquittal in favour of the accused.
6. The learned Deputy Advocate General has concertedly and vigorously contended qua the findings of acquittal recorded by the learned trial Court standing not based on a proper appreciation of evidence on record, rather theirs standing sequelled by gross mis-appreciation of material on record. Hence, he contends qua the findings of acquittal being reversed by this Court in the ::: Downloaded on - 15/04/2017 20:12:29 :::HCHP ...4...
exercise of its appellate jurisdiction and theirs being .
replaced by findings of conviction.
7. The learned counsel appearing for the respondent has with considerable force and vigour of contended qua the findings of acquittal recorded by the Court below standing based on a mature and balanced appreciation rt of evidence on record and theirs not necessitating interference, rather theirs meriting vindication.
8. This Court with the able assistance of the learned counsel on either side has with studied care and incision, evaluated the entire evidence on record.
9. The version qua the prosecution case as embodied in the F.I.R. comprised in Ext.PW-4/A stood testified by PW-1 Shyama Nand. Corroborative vigour thereto stood purportedly lent by PW-3 and PW-4. A cumulative besides a conjoint reading of the testimonies of the aforesaid prosecution witnesses is imperative as thereon unfoldments would upsurge qua each deposing a version ::: Downloaded on - 15/04/2017 20:12:29 :::HCHP ...5...
qua the ill-fated occurrence with intra se consistency .
besides harmony for constraining this Court to hence conclude of their testimonies qua the illfated version being both credible and trustworthy.
of
10. A wholesome and conjoint reading of the testimonies of the PWs aforesaid however as aptly rt concluded by the learned trial Court unfolds the prime factum of theirs not rendering a version with intra se consistency and harmony rather their respective testimonies on oath unveiling a version qua the ill fated occurrence ridden with rife, open and blatant intra se contradictions. The apparent prime intra se contradiction is of with PW-1 ascribing an inculpatory role in the ill fated occurrence to one Pyara Singh whereas with PW-4 the complainant omitting to ascribe any incriminatory role to accused Pyara Singh, is manifestive of hence the presence of PW-1 at the site of occurrence at the time contemporaneous to its taking place thereat standing ::: Downloaded on - 15/04/2017 20:12:29 :::HCHP ...6...
dispelled. Moreover both PW-1 and PW-4 depose with .
intra se corroboration of the clothes of the complainant though standing stained with blood yet the Investigating Officer omitting to take them into possession yet the of factum aforesaid stands belied by PW-8. Necessarily hence this Court is prodded to with aplomb conclude of rt both PW-1 and PW-4 rendering an untruthful besides a concocted version qua the occurrence whereupon no reliance can be imputed to by this Court. Even if assuming that the clothes of PW-4 the complainant got smeared with blood in pursuance to an assault perpetrated by the accused upon her yet with hers deposing of her blood smeared clothes standing not taken into possession by the Investigating Officer is perse bereft of credibility especially when she omits to convey therein of despite hers beseeching the Investigating Officer to take her blood stained clothes into possession, the latter intentionally omitting to take them into possession, besides when in ::: Downloaded on - 15/04/2017 20:12:29 :::HCHP ...7...
sequel to the Investigating Officer omitting to accede to her .
request to take her blood stained clothes into possession, hers omitting to proceed to lodge a complaint with the police station concerned, fosters an inference of hers while of testifying in Court embellishing or improving upon her version comprised in F.I.R. Ext.PW-4/A. An embellished rt and improved version cannot garner any credibility.
11. Be that as it may, PW-4 in her examination in chief has narrated therein the factum of one Nepali being present at the site of occurrence. The name of the Nepali does not occur in the F.I.R. Ext.PW-4/A. Omission on the part of PW-4 to name the Nepali in the F.I.R especially when he as deposed by her was present at the site of occurrence renders her deposition qua the factum aforesaid to be embellished besides improved. In sequel an imbellished and improved version qua the incident rendered by PW-4 is neither inspiring nor trustworthy. As a sequitur this Court is constrained to disimpute any reliance ::: Downloaded on - 15/04/2017 20:12:29 :::HCHP ...8...
upon it. Furthermore even the presence of PW-3 at the .
site of occurrence stands dispelled, with the concomitant effect of his testimony in corroboration to the testimony of PW-4 being liable to be discounted, inference whereof of stands spurred by the factum of his attributing to accused Pyara Singh an incriminatory role in stark contradiction to an rt exculpation by PW-4 the complainant of any incriminatory role to accused Pyare Singh. Moreover with PW-3 dispelling the factum deposed with intra se corroboration by PW-1 and PW-4 of his interceding in the scuffle and his intervention begetting the sequel of the complainant standing rescued from the clutches of the accused coaxes a deduction from this Court of there occurring a visible stark contradictions intra se the testimonies of PW-1 and PW-3 with the testimony of PW-
4 qua the factum aforesaid rendering hence his presence at the site of occurrence at the time contemporaneous to its occurring thereat being open to skepticism. It would ::: Downloaded on - 15/04/2017 20:12:29 :::HCHP ...9...
also foment a sequel of both PW-1 and PW-4 contriving .
the presence of PW-3 at the site of occurrence hence blemishes the creditworthiness of their respective testimonies qua the ill fated occurrence.
of
12. That apart the occurrence took place in close vicinity of a thickly populated habitat. None of the rt inhabitants of the homesteads existing in close vicinity to the site of occurrence stood associated by the Investigating Officer in the investigation conducted by him qua the offences committed by the accused. For omission on the part of the Investigating Officer to associate independent witnesses despite their availability in proximity to the site of occurrence has led him to carry out a smothered investigation qua the offence allegedly committed by the accused entirely dependent upon an interested and blemished version qua it rendered by PW-1, PW-3 and PW-4 who all stand closely related to each other besides when for reasons afore-stated the testimonies of PW-1 ::: Downloaded on - 15/04/2017 20:12:29 :::HCHP ...10...
and PW-3 in purported corroboration to the testimony of .
the complainant who deposed as PW-4 are all alongwith the testimony of the latter ridden with taints of embellishments and improvements and also with taints of of rife open intra se contradictions renders hence the prosecution evidence to be discrepant.
13. rt The summum bonum of the above discussion, is with rife, open and material contradictions occurring in the testimonies of the prosecution witnesses qua the afore-referred facets, their testimonies are hence rendered to be uninspiring as well as untrustworthy.
14. For the reasons which have been recorded hereinabove, this Court holds that the learned trial Court below has appraised the entire evidence on record in a wholesome and harmonious manner apart therefrom the analysis of the material on record by the learned trial Court does not suffer from any perversity or absurdity of mis-
appreciation and non appreciation of evidence on record, ::: Downloaded on - 15/04/2017 20:12:29 :::HCHP ...11...
rather it has aptly appreciated the material available on .
record.
15. In view of the above, I find no merit in this appeal which is accordingly dismissed. In sequel, the of impugned judgement is affirmed and maintained. Record of the learned trial Court be sent back forthwith.
rt 28th April, 2016. (Sureshwar Thakur) (tm) Judge ::: Downloaded on - 15/04/2017 20:12:29 :::HCHP