JUDGMENT :

1. Instant Criminal Appeal filed under Section 378 of the Code of Criminal Procedure, lays challenge to judgment of acquittal dated 11.2.2009, passed by learned Judicial Magistrate 1st Class, Court No.II, Amb, District Una, H.P., in case No.7-1 of 2007/12-II of 2008, titled as State of Himachal Pradesh versus Vipin Kumar alias Bittu and others, whereby court below held respondents accused (hereinafter referred to as the accused) not guilty of having committed the offence punishable under Sections 451, 323 and 325 read with Section 34 of IPC and accordingly acquitted them.

2. In nutshell, the case of the prosecution is that complainant Raj Kumar (PW-1) in his statement recorded under Section 154 Cr.P.C., (Ex.PW1/A), alleged that on 6.10.2006, at about 9.10 AM, accused Vipin Kumar gave him beatings in his office on the pretext that he had given beatings to his son. He also alleged that after some time other accused namely, Vikas Soni, Naresh Kumar and Sanjeev Kumar alias Sanju also reached on the spot and started giving beatings to him with dandas, as a consequence of which, he suffered multiple injuries. Complainant also alleged that accused besides causing injuries to him, also destroyed articles lying in his office. Manager namely, Rekha Rani (PW-2) called the police. At the time of incident, person namely, Sharwan Kumar (PW-3) was also present on the spot among others. On the basis of aforesaid statement made by the complainant under Section 154 Cr.P.C, FIR (Ex.PW10/E), came to be lodged against the accused. After completion of the investigation, police presented the challan in the competent court of law.

3. The learned trial Court after satisfying itself that a prima-facie case exists against the accused, charged them under Sections 451, 323 and 325 read with Section 34 of IPC, to which they pleaded not guilty and claimed trial.

4. Prosecution with a view to prove its case examined as many as 10 witnesses, whereas despite sufficient opportunities accused failed to lead any evidence. However, accused in his statement recorded under Section 313 Cr.P.C. denied the case of the prosecution in toto and claimed themselves to be innocent. On the basis of totality of evidence led on record by the prosecution, trial Court held accused not guilty for having committed offence punishable under sections 451, 323 and 325 read with Section 34 of IPC and accordingly acquitted them. In the aforesaid background, appellant-State has approached this Court in the instant proceedings, praying therein for conviction of the accused after setting aside the judgment of acquittal recorded by the Court below.

5. Having heard learned counsel representing the parties and perused material available on record vis-à-vis reasoning assigned by the trial court while acquitting the accused, this Court finds it difficult to agree with the contention of Mr. Desh Raj Thakur, learned Additional Advocate General that learned court below has failed to appreciate the evidence in its right perspective, as a consequence of which, all the accused despite their having committed offences punishable under Sections 451, 323 and 325 read with Section 34 of IPC, came to be acquitted. This Court after having carefully perused the entire evidence led on record finds that prosecution has not been able to prove beyond reasonable doubt that on the date of alleged incident complainant Raj Kumar (PW-1) was given beatings by the accused. During the case at hand, prosecution examined 10 witnesses in toto in support of its case, but statements made by PW-1, PW-2, PW-3, PW-5, PW-8 and PW-10, are relevant for determining the correctness of the judgment passed by the Court below.

6. PW-1, Raj Kumar deposed in the Court that on 6.10.2006 while he was coming from Bazar after taking bricks from Brick-kiln. Accused Vipin Kumar alias Bittu, who has a shop of dry-cleaning asked him to give his clothes for dry-cleaning. PW-1 deposed that accused started making remarks against him by saying t