The appellate court upheld the acquittal, affirming that the presumption of innocence remains with the accused and that trial court findings must not be perverse for interference.

JUDGMENT :

Virender Singh, J.

The State of Himachal Pradesh has filed the present appeal under Section 374 of the Code of Criminal Procedure (hereinafter referred to as the ‘Cr.P.C.’) against the judgment of acquittal, dated 02.12.2010, passed by the learned Chief Judicial Magistrate, Shimla, District Shimla, H.P. (hereinafter referred to as the ‘learned trial Court’), in Criminal Case No.91/2 of 2004/02, titled as ‘ State of H.P. versus Akash Saini and others’.

2. By way of judgment of acquittal, dated 02.12.2010, the learned trial Court has acquitted the respondents from the offences punishable, under Sections 324, read with Section 34 of the Indian Penal Code (hereinafter referred to as the ‘IPC’), and Section 27 of the Arms Act.

3. For the sake of convenience, the parties to the present lis, are hereinafter referred as, in the same manner, as were referred to the learned trial Court.

4. Brief facts, leading to the filing of the present appeal, before this Court, as per the record, may be summed up, as under:-

4.1. The police of Police Station, Shimla (West), has filed the final report, under Section 173(2) of Cr.PC, before the learned trial Court, on the ground that on 13.03.2002, police received the information regarding the quarrel, which had taken place at Chaura Maidan and the injured persons were stated to be sent for treatment to Sanitarium Hospital, upon which, the police reached at the spot, where injured Summit Sood made a statement, under Section 154 of Cr.P.C., disclosing therein, that he is final-year student of BBA, in Himachal Pradesh, University.

4.2. As per further version of injured, on 13.03.2002, at about 2:45 PM, he, along with his friends namely Ankush, Ankur Chimda, Kumari Shweta, Kumari Priyam, was going from Hotel Cecil to Kennedy Chowk and, as soon as, he reached at Sanitarium Hospital, a Maruti car, being driven by its driver, reached there and its driver stopped the same near him. A boy was sitting on the rear seat, who was wearing a yellow coloured sweater. The said boy started abusing and beating him. When, the complainant resisted his activities, his two accomplices alighted down from the car. One of them was having a Khukhari type weapon, in his hand. The said boy inflicted the blow of the same on the backside, on his head. Resultantly, he sustained injuries. He was saved by his friends from the clutches of the said assailants. One of them, was also having a bottle in his hand. Although, the said person had inflicted the bottle blow on him, but, the same had not inflicted on his person. Thereafter, the said persons fled away from the spot towards Kennedy Chowk in their vehicle No.HP62-0049. Subsequently, the injured was taken to Sanitarium hospital for treatment.

4.3. On the basis of the above facts, the police registered the case, under Sections 307 and 34 IPC and criminal machinery swung into motion.

4.4. The medical examination of injured Summit Sood was got conducted from IGMC, Shimla. However, first aid was given to him in Sanitarium Hospital, Chaura Maidan. Spot was visited and photography was done. The broken pieces of bottle were taken into possession along with the blood-stained clothes. Vehicle No.HP62-0049 was also taken into possession.

4.5. On 14.03.2002, accused Akash Saini and Amit Mehta, were arrested from Chandigarh. They were medico legally examined, as, they had also sustained injuries in the incident.

4.6. On 15.03.2002, the accused persons were produced before the Court of learned Judicial Magistrate, First Class, Court No.3, Shimla, from where, they were remanded to police custody till 18.03.2002.

4.7. On 18.03.2002, accused Rohit Diwan was also arrested, in this case.

5. After the completion of the investigation, police has filed the charge-sheet, under Sections 173(2) of Cr.P.C, against the accused persons for the commission of offences punishable under Section 324 read with Section 34 IPC and Section 27 of the Arms Act, before the learned trial Court.

6. After securing the presence