The prosecution failed to prove the case beyond a reasonable doubt due to inconsistencies in witness testimonies and the acquittal of co-accused on similar evidence.

JUDGMENT :

Rakesh Kainthla, J.

The present appeal is directed against the judgment of conviction dated 17.8.2009 and order of sentence dated 21.8.2009, passed by the learned Sessions Judge, Sirmour, District at Nahan H.P., (learned Trial Court), vide which the appellants (accused before the learned Trial Court)were convicted and sentenced as under:

(Parties shall hereinafter be referred to in the same manner asthey were arrayed before the learned Trial Court forconvenience.)

2. Briefly stated, the facts giving rise to the present appeal are that the police presented a challan against the accused for the commission of offences punishable under Sections 147, 149, 323, and 307 of the IPC. It was asserted that the informant/victim, Ranveer Dutt (PW3), and his son Chandan Sharma (PW4) had gone to attend the marriage of Charan Dass at Dilman on 13.12.2006. They were returning to their home in the evening. They met accused Nanku, Sanju, and Taru at Dilman Chowk. The accused started talking to each other after watching the informant. The informant and his son proceeded further. They had reached half a km ahead of Dilman at about 7:45 P.M, when a motorcycle arrived on the spot. Accused Aman Sood was driving the motorcycle. The pillion rider had a stick in his hand. The motorcycle stopped near the informant. A Maruti car bearing registration number HP-14-6594 also reached the spot. The accused, Vijay Kumar, was driving the van. Nanku, Taru, Sanju, and 3-4 persons came out of the van. Nanku was armed with a stick. Nanku told the informant that he was portraying himself to be a big leader. Nanku and the pillion rider started beating the informant with stick. Other assailants gave beatings with fists and kicks. They also slapped him. The informant sustained injuries to his head, forehead, and right foot. He became unconscious. When he regained consciousness, he found himself in a vehicle going towards Sarahan. Chandan Sharma revealed that the accused had also given beating to him and he had sustained injuries on his left leg and right arm. The informant had a scufÒe with Nanku Ram one week before the incident regarding the departure of the HRTC Bus. Nanku Ram called the informant a big leader, and the informant retaliated by slapping Nanku Ram. Nanku Ram had beaten the informant in connivance with the other persons to take revenge for the incident. The police recorded the FIR (Ex.PW3/A). S.I. Chaman Lal Bhatia (PW16) conducted the investigation. He visited the spot and prepared the site plan (Ex. PW16/A). He seized the blood-stained hair and leaves from the bushes near the place of the incident. He sealed them in a jar with seal ‘T’ and seized the jar vide memo (Ex. PW6/A). He seized the Maruti van bearing registration number HP-14-6594 vide memo (Ex. PW8/A). The informant, Ranveer Dutt, was referred to the regional hospital, Solan, by Medical Officer PHC Sarahan. The informant remained admitted to the hospital and was discharged on 20.12.2006. The informant produced one blood-stained shirt (Ex. P3) and a Sweater (Ex. P4). S.I. Chaman Lal seized them vide memo (Ex.PW3/B) after sealing them in a parcel with seal ‘A’. S.I. Chaman Lal also seized the motorcycle bearing registration number HP-15-5043 vide memo (Ex.PW9/A). He seized the documents of the van vide memo (Ex. PW16/B). He filed an application (Ex. PW16/C) for conducting the medical examination of the injured. Dr. M.P. Singh (PW2) conducted the medical examination of the informant and found that he had sustained multiple injuries, which could have been caused within 12 hours of the examination. He referred the informant to the Zonal ho