Appellate interference in acquittal justified only if perverse or sole guilt view possible; contradictions in key testimonies, FIR delay, recovery doubts sustain acquittal.

JUDGMENT :

Romesh Verma, J.

The present appeal arises out of the judgment as passed by the learned Additional Sessions Judge (III), Kangra at Dharamshala, District Kangra, H.P. on 01.12.2014, whereby the present respondent has been acquitted in Sessions Trial No. 5/2014, under Sections 307 and 326 of the Indian Penal Code (for short ‘IPC’) in FIR No. 108/08 dated 10th July, 2008 registered at Police Station, Baijnath, District Kangra, H.P.

2. The case of the prosecution is that on 10.07.2008 one Alto Car bearing registration No. HP 53- 5288 came in the premises of police and in the same one person was sitting. Alongwith him, one Amit Chawla Supervisor/Contractor, Bali Nath, Arun Gupta and Salesh Yadav were also sitting. On enquiry, he told that his name is Pashupati Nath Gupta, S/O Sh. Laxman Gupta, R/O Jagdishpur, P.O. Basant, Police Station Garkha, District Chhapra, Bihar. His statement under Section 154 Cr.P.C. was recorded while sitting in the car Itself. He stated that he is permanent resident of District Chhapra Bihar and working in the Subhash Group of Company as a Foreman. He stated that he is working with contractor Nishant @ Goldi, Hydel Project Luni-I. On previous day, i.e. 09.07.2008 at about 10:00 P.M. in the evening after having meal, he was sleeping alongwith his companions in a shed. When he went to sleep, at that time, the shop of Bhawani, which is adjacent to his shed, was closed. After 10-15 minutes Bhawani Singh, S/O Busheri Ram, resident of Lulani, Tehsil Baijnath, District Kangra, H.P., came outside the shed and started shouting his name, when he came outside and enquired why he is calling him, Bhawani asked him to lift 5- 10 bags of cement. When he refused, then Bhawani went to his shop and brought one chopping knife (Tokka) from his shop and attacked him with intention to do away with his life. Had he not raised his arm, the said chopping knife would have insected in his neck and he would have died. As a result of attack, his right hand was severally injured. Thereafter, he (complainant) started to run away towards the security guard. Respondent Bhawani also ran after him. The complainant changed his path and went to the house of Harish Supervisor, who called Amit Supervisor/Contractor and was told about the incident. After some time, Amit Supervisor, Bali Nath, Arun and Salesh Kumar Yadav also came on the spot. He was taken to Baijnath, Palampur and Tanda hospitals and from Tanda Hospital, he was referred to DMC Ludhiana.

3. On completion of investigation, the police presented the challan against the accused in the Court for the offence punishable under Sections 307 and 326 of IPC.

4. On finding a prima facie case, accused (respondent herein) was charged for offences punishable under Sections 307 and 326 of IPC, to which he pleaded not guilty and claimed Trial.

5. In order to substantiate its case, the prosecution has examined thirteen witnesses in all. Thereafter, respondent/ accused was examined under Section 313 of Cr.P.C. He pleaded innocence and did not lead any evidence in defence.

6. The learned trial court, after evaluating the oral as well as documentary evidence, acquitted the respondent, as aforesaid, constraining the appellant-State to file the instant appeal.

7. We have heard Mr. I.N.Mehta, learned Senior Additional Advocate General, appearing for the appellant- State and Mr.