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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
TARLOK SINGH CHAUHAN, SATYEN VAIDYA, JJ.
Husan Chand - Appellant
Versus
Darshan Singh & Ors. - Respondents
Cr. Appeal No. 35 of 2012 along with Cr. Appeal No. 284 of 2012
Decided On : 10-01-2024
Injuries - Criminal Trespass - Sections 307, 451, 506 read with Section 34 of the IPC - 4, 21, 38, 39, 40, 8, 9, 17, 18, 23, 24, 25
Fact of the Case:
The appeals arose from the acquittal of the respondents of charges under Sections 307, 451, 506 read with Section 34 of the IPC. The case involved a dispute between the victim, a liquor licensee, and the respondents who were acquitted by the trial court despite evidence of life-threatening injuries inflicted on the victim.
Finding of the Court:
The court found that the trial court's acquittal was not in conformity with the material legal evidence on record and ignored an important legal aspect related to the injuries suffered by the respondents. The court held that the respondents were guilty of offences punishable under Sections 451 and 324 read with Section 34 of the IPC and set aside the judgment of acquittal.
Issues: The main issue was whether the trial court's acquittal of the respondents was justified despite evidence of life-threatening injuries inflicted on the victim.
Ratio Decidendi: The court emphasized that the non-explanation of simple injuries on the respondents could not be considered antithetical to the prosecution case, especially in light of clear, specific, and cogent evidence regarding the mode and manner in which the incident had occurred. The court also highlighted the legal principle that the prosecution is not obliged to explain each and every injury on the person of an accused, and the non-explanation of insignificant injuries on the person of only one accused does not dislodge the prosecution story.
Final Decision: The court allowed the appeals, set aside the judgment of acquittal, and held the respondents guilty of offences punishable under Sections 451 and 324 read with Section 34 of the IPC. The respondents were directed to be produced before the court for the hearing on the quantum of sentence.
JUDGMENT :
Satyen Vaidya, J.
Both these appeals have been heard and are being decided together as these arise out of the same judgment of acquittal.
2. Cr. Appeal No. 35 of 2012 has been filed by the victim, whereas Cr. Appeal No. 284 of 2012 has been filed by the State.
3. The respondents have been acquitted of the charges punishable under Sections 307, 451, 506 read with Section 34 of the IPC by the learned Sessions Judge, Solan, Camp at Nalagarh, District Solan, H.P., vide judgment dated 19.11.2011 passed in Session Trial No. 6 NL/7 of 2010.
4. Brief facts of the case are that Husan Chand, appellant in Cr. Appeal No. 35 of 2012, was a liquor licencee, having one of the vends at village Karsauli in District Solan. The Karsauli vend was being run in a tenanted premises owned by respondent No.1 Darshan Singh.
5. On 31.03.2009, an FIR was registered at Police Station Nalagarh, at about 9.00 P.M. The FIR was based on a statement Ex.PW1/A of Gurdeep Singh (PW1) recorded under Section 154 of the Cr.P.C. It was alleged that on 31.03.2009, the complainant (PW1) was present in the liquor vend Karsauli along with the licencee Husan Chand (PW2), salesmen namely Gurdhian Singh (PW3) and Anil Kumar. Complainant, claimed himself to be the supervisor employed by PW2 Husan Chand for supervising the work of his liquor vends. As per complainant, the licencee Husan Chand had taken on rent adjoining shop of one Shri Ashok Kumar for opening the vend for the next financial year. The complainant along with salesmen were in the process of dismantling the railings installed in the shop of respondent No.1 Darshan Singh for being installed in the shop of Ashok Kumar. In the meantime, respondent No.1 Darshan Singh along with his three brothers came outside the liquor vend and started asking for the rent. He was informed that he would be paid rent at 9.00 P.M., on this Darshan Singh starting hurling abuses. All these persons came inside the liquor vend and started giving beatings with the help of sticks. Darshan Singh gave blow on the head of Husan Chand and brothers of Darshan Singh also followed the pursuit. The complainant and his associates were thrown out from the vend and the vend was locked by the respondents. Husan Chand received injuries on the head and he was taken to hospital by Anil Kumar. Thereafter, the respondents fled from the scene.
6. Husan Chand was medically examined at PHC Joghon on 31.03.2009 by Dr. S. S. Bawa. MLC Ex.PW5/B was issued. Dr. S.S. Bawa opined the injuries received by Husan Chand on his head to be dangerous to life. Husan Chand was subjected to xrays and CT scan; however, no fracture or serious injury was found to the brain.
7. Police completed the investigation and challaned the respondents. They were charged and finally acquitted by the learned trial Court as above. Hence, these appeals.
8. We have heard Shri H.S. Rana Advocate and Shri I.N. Mehta Senior Additional Advocate General for the appellants and Ms. Devyani Sharma Senior Advocate with Shri Basant Pal Advocate for respondents 1 and 4 and have also carefully gone through the records.
9. Shri H.S. Rana, Advocate, for victim Husan Chand has contended that the judgment of acquittal passed by the learned trial Court is not only against the material proved on record, but also qualifies to be termed as perverse. He submitted that the evidence on record clearly proved that the respondents were aggressors and had not only trespassed but had caused life endangering injuries on the person of Husan Chand, which fact was proved on record beyond all shadows of doubt by way of prosecution evidence.
10. On the other hand, Ms. Devyani Sharma, Senior Advocate, with Mr. Basant Thakur, Advocate, supported the judgment passed by learned trial Court. She laid stress on the point that prosecution had failed to explain the injuries suffered by respondent Nos. 1 and 2. As per her, it had duly been proved on record that respondents No. 1 and 2 had also reported the same incident
AI
Appellate courts interfere with acquittal only if perverse or no reasonable view possible; non-explanation of accused injuries, witness contradictions, inconsistent prosecution version justify uphold....
In an appeal against acquittal, the appellate court should not interfere unless the judgment is patently perverse or based on a misreading of evidence; where two reasonable views are possible, the vi....
The prosecution's failure to explain the serious injuries on the accused undermined its case, leading to doubt about the narrative presented.
The prosecution's failure to explain injuries on the accused undermined the credibility of its case, resulting in the acquittal of the appellants under the benefit of doubt.
The need for cautious scrutiny of witness testimonies, especially when they are from interested parties, and the significance of explaining injuries sustained by the accused in determining the credib....
In appeal against acquittal, interference only if perverse, misreads evidence or guilt sole possible view; upheld here due to medical inconsistencies, unexplained accused injuries, improbable facts, ....
Culpable homicide distinguished from murder based on intention and knowledge; knowledge suffices for conviction under Section 304(II) of IPC, while failure to explain accused injuries does not negate....
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