25.02.2026 vs Rakesh Kumar & Ors on 20 March, 2026

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    Himachal Pradesh High Court

    Reserved On: 25.02.2026 vs Rakesh Kumar & Ors on 20 March, 2026

                                                                                          2026:HHC:7980
    
          IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
    
                                                    Cr. Appeal No. 290 of 2014
                                                    Reserved on: 25.02.2026
                                                    Date of Decision: 20.03.2026
    
    
    
    
                                                                                       .
    
        State of H.P.                                                                 ...Appellant
    
    
    
    
    
                                                Versus
        Rakesh Kumar & Ors.                                                          ...Respondents
    
    
    
    
                                                         of
        Coram
        Hon'ble Mr Justice Rakesh Kainthla, Judge.
                               rt
        Whether approved for reporting?1 No
        For the Appellant/State                 :    Mr Ajit Sharma, Deputy Advocate
    
                                                     General, Advocate.
    
        For the Respondents                     :    Mr P.P. Chauhan, Advocate.
    
    
    
        Rakesh Kainthla, Judge
    

    The present appeal is directed against the judgment

    dated 30.04.2014 passed by learned Judicial Magistrate First Class,

    SPONSORED

    Dharamshala, District Kangra, H.P. (learned Trial Court) vide

    which the respondents (accused before learned Trial Court) were

    acquitted of the commission of offences punishable under

    Sections 147, 148, 323, and 325, read with Section 149 of the Indian

    Penal Code (IPC). (Parties shall hereinafter be referred to in the same

    1 Whether reporters of Local Papers may be allowed to see the judgment? Yes.

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    manner as they were arrayed before the learned Trial Court for

    convenience.)

    .

    2. Briefly stated, the facts giving rise to the present appeal

    are that the police filed a charge sheet against the accused persons

    for the commission of offences punishable under Sections 147,

    148, 323 and 325 read with Section 149 of the IPC. It was asserted

    of
    that the informant, Rajnish Kumar, was running a shop. He and

    his brother Sajneesh Kumar (PW2) were closing the shop on
    rt
    14.02.2009 at about 8:30 PM. Rakesh Kumar @ Rinku and Pankaj

    @ Pinku came to the shop and started abusing them. Rakesh

    Kumar inflicted a blow on the informant’s head by means of a

    brick. Rakesh and Pankaj gave beatings to the informant and

    Sajneesh Kumar (PW2). Prakash Chand, Shareshtha Devi and

    Mona Devi also came to the spot. They also gave beatings to the

    informant and his brother. The matter was reported to the police.

    An entry (Ext.PW8/A) was recorded in the police station. An

    application (Ext.PW-10/E) was filed for medical examination of

    the injured. Dr Inder Mohan (PW9) examined Rajnish Kumar

    (PW1) and found that he had sustained multiple injuries. He

    referred Rajnish Kumar (PW1) to the Dental Surgeon for expert

    opinion. Dr Randeep Kumar (PW6) examined Rajnish Kumar

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    (PW1) and found that one tooth was missing. He issued the report

    (Ext.PW6/A). Dr Inder Mohan (PW9) issued a final opinion stating

    .

    that the nature of the injury was grievous, which could have been

    caused within six hours of the examination. He issued the MLC

    (Ext.PW9/A). Dr Inder Mohan (PW9) examined Sajneesh Kumar

    (PW2) and found that he had sustained multiple injuries, which

    of
    could have been caused by means of a blunt weapon. He issued the

    report (Ext.PW9/B). The police registered the FIR (Ext.PW10/F)
    rt
    after the receipt of the medical opinion. ASI Dalip Singh (PW10)

    investigated the matter. He visited the spot and prepared the site

    plan (Ext.PW10/A). Rajnish Kumar (PW1) produced three pieces of

    bricks (Ext.P1 to Ext.P3) which were put in a cloth parcel, the

    parcel was sealed with four impressions of seal ‘M’, and it was

    seized vide memo (Ext.PW1/A). Statements of witnesses were

    recorded as per their version, and after the completion of the

    investigation, the challan was prepared and presented before the

    learned Trial Court.

    3. Learned Trial Court found sufficient reasons to

    summon the accused persons. When the accused persons

    appeared, they were charged with the commission of offences

    punishable under Sections 147, 148, 323 and 325, read with Section

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    149 of the IPC, to which they pleaded not guilty and claimed to be

    tried.

    .

    4. The prosecution examined eleven witnesses to prove its

    case. Informant Rajnish Kumar (PW1) and the victim Sajneesh

    Kumar (PW2) narrated the incident. Baldev Kumar (PW3) and

    Naresh Kumar (PW7) are eyewitnesses. Budhi Singh (PW4)

    of
    witnessed the recovery. Ashwani Kumar (PW5) did not support the

    prosecution’s case. Dr Randeep Kumar (PW6), Dental Surgeon,
    rt
    examined Rajnish. HC Arjun Pal (PW8) proved the entry in the

    daily diary. Dr Inder Mohan (PW9) medically examined the victim.

    ASI Dalip Singh (PW10) investigated the matter. Inspector

    Bahadur Singh (PW11) signed the FIR and prepared the challan.

    5. The accused, in their statements recorded under

    Section 313 of Cr.P.C., denied the prosecution’s case in its entirety.

    They claimed that the witnesses were the informant’s relatives,

    and they made false statements against the accused because of the

    land dispute. They tendered documents in evidence.

    6. Learned Trial Court held that the relationship between

    the parties was strained because of the land dispute. The

    informant admitted that other persons were present in the shop;

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    however, no such person was examined. The FIR was registered on

    17.02.2009, whereas the incident had occurred on 14.02.2009. The

    .

    FIR was not sent to the learned Magistrate within time and was

    sent on 19.02.2009. This made the prosecution’s case suspect.

    Hence, the learned Trial Court acquitted the accused.

    7. Being aggrieved by the judgment passed by the learned

    of
    Trial Court, the State has filed the present appeal asserting that

    the learned Trial Court failed to appreciate the evidence in a
    rt
    proper perspective. The statements of prosecution witnesses were

    discarded without any cogent reason. Sajneesh Kumar (PW2),

    Baldev Kumar (PW3) and Naresh Kumar (PW7) had corroborated

    the informant’s version. Baldev Kumar (PW3) and Naresh Kumar

    (PW7) were independent witnesses and had no reason to support

    the informant. Their testimonies were duly corroborated by the

    statements of the Medical Officers. The matter was reported to the

    police on the same day, and an entry was recorded in the Police

    Station. This entry was ignored by the learned Trial Court.

    Therefore, it was prayed that the present appeal be allowed and

    the judgment passed by the learned Trial Court be set aside.

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    8. I have heard Mr Ajit Sharma, learned Deputy Advocate

    General for the appellant/State and Mr P.P. Chauhan, learned

    .

    counsel for the respondents/accused.

    9. Mr Ajit Sharma, learned Deputy Advocate General for

    the appellant/State, submitted that the learned Trial Court failed

    to properly appreciate the material on record. The matter was

    of
    reported to the police on the same day, and an entry in the daily

    diary was recorded. The FIR was registered after the medical
    rt
    examination. This was ignored by the learned Trial Court. Enmity

    is a double-edged weapon and cannot be used to discard the

    prosecution’s case. Learned Trial Court had taken an unreasonable

    view of the matter. He prayed that the present appeal be allowed

    and the judgment passed by the learned Trial Court be set aside.

    10. Mr P.P. Chauhan, learned counsel for the

    respondents/accused, submitted that the relationship between the

    parties was strained over the land. The FIR was sent belatedly to

    the learned Magistrate, and the learned Trial Court had rightly

    drawn an adverse inference against the prosecution for doing so.

    Learned Trial Court had taken a reasonable view, and this Court

    should not interfere with the reasonable view of the learned Trial

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    Court while deciding the appeal against an acquittal. Hence, he

    prayed that the present appeal be dismissed.

    .

    11. I have given considerable thought to the submissions

    made at the bar and have gone through the records carefully.

    12. The present appeal has been filed against a judgment of

    acquittal. It was laid down by the Hon’ble Supreme Court in

    of
    Surendra Singh v. State of Uttarakhand, (2025) 5 SCC 433: 2025 SCC

    OnLine SC 176 that the Court can interfere with a judgment of
    rt
    acquittal if it is patently perverse, is based on misreading of

    evidence, omission to consider the material evidence and no

    reasonable person could have recorded the acquittal based on the

    evidence led before the learned Trial Court. It was observed at page

    438:

    “24. It could thus be seen that it is a settled legal position that
    the interference with the finding of acquittal recorded by the
    learned trial Judge would be warranted by the High Court only

    if the judgment of acquittal suffers from patent perversity;
    that the same is based on a misreading/omission to consider
    material evidence on record; and that no two reasonable views
    are possible and only the view consistent with the guilt of the
    accused is possible from the evidence available on record.”

    13. This position was reiterated in State of M.P. v. Ramveer

    Singh, 2025 SCC OnLine SC 1743, wherein it was observed:

    “21. We may note that the present appeal is one against
    acquittal. Law is well-settled by a plethora of judgments of

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    this Court that, in an appeal against acquittal, unless the
    finding of acquittal is perverse on the face of the record and
    the only possible view based on the evidence is consistent
    with the guilt of the accused, only in such an event, should

    .

    the appellate Court interfere with a judgment of acquittal.

    Where two views are possible, i.e., one consistent with the
    acquittal and the other holding the accused guilty, the
    appellate Court should refuse to interfere with the

    judgment of acquittal. Reference in this regard may be made
    to the judgments of this Court in the cases of Babu
    Sahebagouda Rudragoudar v. State of Karnataka
    (2024) 8 SCC

    of
    149; H.D. Sundara v. State of Karnataka (2023) 9 SCC 581, and
    Rajesh Prasad v. State of Bihar (2022) 3 SCC 471.”

    14. The present appeal has to be decided as per the
    rt
    parameters laid down by the Hon’ble Supreme Court.

    15. Rajnish Kumar (PW1) stated that he had reported the

    matter to the police on the same day, and he was taken to the

    hospital for medical examination. This is duly corroborated by the

    statement of HC Arjun Pal (PW8), who stated that Rajnish Kumar

    and Sajneesh Kumar (PW2) had visited the Police Station on

    14.02.2009 and reported the matter to him. An entry No. 26(A)

    (Ext.PW8/A) was registered in the Police Station, and the injured

    were taken to the hospital for their medical examination.

    16. The entry (Ext.PW8/A) mentions that Rakesh Kumar

    and Pankaj Kumar had inflicted injuries on the informant and his

    brother in their shop. Rakesh inflicted a blow by means of a brick

    upon the head of the informant. Parkash Chand, Shareshtha Devi

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    and Mona Devi also came to the spot, and they gave beatings to

    the victim. This version was subsequently incorporated into the

    .

    FIR.

    17. Learned Trial Court held that the police should have

    registered the FIR, and the registration of the FIR on 17.02.2009

    made the prosecution’s case suspect. This finding cannot be

    of
    sustained. The police had referred the victims for their medical

    examination, and the dental surgeon had issued his opinion on
    rt
    17.02.2009 at 11:30 AM stating that a fracture was detected.

    Thereafter, the police registered the FIR at 4:45 PM. The

    informant had narrated the incident to the police, and if the police

    had only recorded an entry in the daily diary instead of registering

    the FIR, the informant could not be faulted; hence, the findings

    recorded by the learned Trial Court that the FIR was lodged

    belatedly, which made the prosecution’s case suspect, cannot be

    sustained.

    18. The informant, Rajnish Kumar (PW1), admitted in his

    cross-examination that his sister Shareshtha and her family

    members were residing on the land of his parents. He admitted

    that his father had executed a gift deed of 10 marla of land in

    favour of Prakash Chand, and the possession was delivered to him.

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    He volunteered to say that Prakash Chand has encroached upon

    more than 10 biswa of the land. Sajneesh Kumar (PW2) also stated

    .

    in his cross-examination that Shareshtha and her family

    members were residing on the land of his parents. He admitted

    that a gift deed was executed by his father in favour of the accused.

    He admitted that, as per him, Prakash has encroached upon more

    of
    land than was gifted to him. He admitted that the accused were in

    possession of the area in front of the shops.

    rt

    19. These admissions show that the relationship between

    the parties is strained over the land occupied by Prakash Chand,

    and the learned Trial Court was justified in seeking the

    corroboration of the statements of the informant and his brother.

    20. Dr Randeep Kumar (PW6) examined Rajnish Kumar

    and found chronic destructive periodontitis, calculus, generalised

    gingival recession, and one missing tooth. The socket was empty.

    No corresponding soft tissue injury was present. The injury could

    have been caused by means of fist blows or striking of any hard

    object, like a piece of brick, within 2-3 days of the examination. He

    stated in his cross-examination that three teeth of the patient

    were missing and 13 teeth were mobile. The fresh missing tooth

    was uprooted in a natural way, as the other teeth were also mobile.

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    21. The statement in the cross-examination that the teeth

    had been uprooted naturally, and the other teeth were also mobile,

    .

    makes the prosecution’s case suspect.

    22. Dr Inder Mohan (PW9) examined Rajnish Kumar (PW1)

    and found that he was smelling of alcohol. Rajnish Kumar (PW1)

    admitted in his cross-examination that he and his brother had

    of
    consumed alcohol on the date of the incident. He volunteered to

    say that a birthday was being celebrated on the date of the
    rt
    incident. Rajnish Kumar (PW1) denied that he had consumed

    alcohol on 14.02.2009. He volunteered to say that he had

    consumed Beer. Thus, the medical evidence, the admission of the

    informant and the witness show that the informant and the victim

    had consumed alcohol. This would assume significance because Dr

    Randeep Kumar (PW6) stated that the injury noticed by him could

    have been caused by way of fall. Dr Inder Mohan (PW9) also stated

    in his cross-examination that the injury noticed by him could

    have been caused by a fall under the influence of alcohol.

    23. Rajnish Kumar (PW1) stated that he and his brother

    were closing the shop. Rakesh and Pankaj came to the shop and

    started abusing him. He enquired as to why they were hurling the

    abuses. The accused started beating him and his brother. They

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    picked up a piece of brick lying near the shop and inflicted injury

    on the head and the face. They gave beatings to his brother with

    .

    kicks and fist blows. They also bit him (the informant) with their

    teeth. Prakash, Shareshtha and Mona Devi also came to the spot,

    and they gave beatings. Pradeep and Naresh came to the spot and

    rescued them.

    of

    24. The statement made by the informant in the Court that

    the accused had bitten the informant with teeth
    rt is an

    improvement because this fact has not been mentioned in the FIR,

    and the Medical Officer had not noticed any bite marks. This

    improvement shows the informant’s desperation to secure the

    conviction at any cost.

    25. Sajnish Kumar (PW2) stated that he and his brother

    were closing the shop. Rakesh and Pankaj came to the spot and

    started abusing them. When the informant asked them not to hurl

    abuses, they picked up the pieces of brick and inflicted injuries on

    his head and face. The accused gave him beatings with kicks and

    fist blows. Parkash and Shareshtha came to the spot, and they

    gave him beatings. Baldev and Naresh rescued him.

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    26. This witness has not mentioned Mona Devi as the

    assailant, who was named by the informant and was also

    .

    mentioned in the FIR. Thus, he has contradicted the informant’s

    statement regarding the assailants.

    27. Baldev Kumar (PW3) stated that he was going to his

    home on foot. He reached the shop of Rajnish Kumar (PW1) and

    of
    found that a quarrel was going on. Rajnish Kumar (PW1) and his

    brother were being beaten by his brother-in-law and nephew.

    rt
    Rajnish Kumar (PW1) had sustained an injury on the face.

    28. This witness has only named the brother-in-law and

    the informant as the assailants. He has left Shareshtha and Mona

    Devi.

    29. Baldev Kumar (PW3) stated in his cross-examination

    that he used to purchase articles from the shop of Rajnish Kumar

    (PW1). He admitted that Rajnish and Sajneesh had taken him to

    the Police Station on 16.02.2009, when his statement was

    recorded. He admitted that he had consumed alcohol, but could

    not see whether Rajnish Kumar (PW1) and Sajneesh Kumar (PW2)

    had also consumed alcohol.

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    30. He is a resident of a different village. He claimed that he

    was going to his home on foot. He admitted in his cross-

    .

    examination that it takes about 15 minutes to cover the distance in

    a bus, but he volunteered to say that he used to travel on foot. He is

    known to Rajnish Kumar (PW1) as he used to purchase articles

    from him. The bus is a convenient method of transportation, but

    of
    he did not opt for it. He is a chance witness. It was laid down by the

    Hon’ble Supreme Court in Harbeer Singh v. Sheeshpal, (2016) 16
    rt
    SCC 418: (2017) 4 SCC (Cri) 503: 2016 SCC OnLine SC 1164 that the

    chance witnesses have a habit of appearing suddenly at the place

    of the incident and thereafter disappearing. Their testimonies

    should be seen with due care and caution. It was observed at page

    427:

    23. The defining attributes of a “chance witness” were
    explained by Mahajan, J., in Puran v. State of Punjab, (1952) 2
    SCC 454: AIR 1953 SC 459: 1953 Cri LJ 1925. It was held that

    such witnesses have the habit of appearing suddenly on the
    scene when something is happening and then disappearing
    after noticing the occurrence about which they are called
    later on to give evidence.

    24. In Mousam Singha Roy v. State of W.B., (2003) 12 SCC 377:

    2004 SCC (Cri) Supp 429, this Court discarded the evidence
    of chance witnesses while observing that certain glaring
    contradictions/omissions in the evidence of PW 2 and PW 3
    and the absence of their names in the FIR has been very
    lightly discarded by the courts below. Similarly, Shankarlal
    v. State of Rajasthan
    , (2004) 10 SCC 632: 2005 SCC (Cri) 579

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    and Jarnail Singh v. State of Punjab, (2009) 9 SCC 719: (2010)
    1 SCC (Cri) 107 are authorities for the proposition that
    deposition of a chance witness, whose presence at the place
    of incident remains doubtful, ought to be discarded.

    .

    Therefore, for the reasons recorded by the High Court, we

    hold that PW 5 and PW 6 were chance witnesses and their
    statements have been rightly discarded.

    31. It was laid down by the Hon’ble Supreme Court, Rajesh

    Yadav v. State of U.P., (2022) 12 SCC 200: 2022 SCC OnLine SC 150

    of
    that the testimony of a chance witness is to be seen with due care

    and caution and his presence on the spot should be satisfactorily
    rt
    established. It was observed:

    “Chance witness

    29. A chance witness is one who happens to be at the place
    of occurrence of an offence by chance, and therefore, not as

    a matter of course. In other words, he is not expected to be
    in the said place. A person walking on a street witnessing
    the commission of an offence can be a chance witness.

    Merely because a witness happens to see an occurrence by
    chance, his testimony cannot be eschewed, though a little

    more scrutiny may be required at times. This again is an
    aspect that is to be looked into in a given case by the court.
    We do not wish to reiterate the aforesaid position of law

    which has been clearly laid down by this Court in State of
    A.P. v. K. Srinivasulu Reddy [State of A.P.
    v. K. Srinivasulu
    Reddy, (2003) 12 SCC 660: 2005 SCC (Cri) 817]: (SCC pp. 665-
    66, paras 12-13)
    “12. Criticism was levelled against the evidence of PWs 4
    and 9, who are independent witnesses, by labelling them
    as chance witnesses. The criticism about PWs 4 and 9
    being chance witnesses is also without any foundation.
    They have clearly explained how they happened to be at

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    the spot of occurrence, and the trial court and the High
    Court have accepted the same.

    13. Coming to the plea of the accused that PWs 4 and 9
    were “chance witnesses” who have not explained how

    .

    they happened to be at the alleged place of occurrence, it
    has to be noted that the said witnesses were independent
    witnesses. There was not even a suggestion to the

    witnesses that they had any animosity towards any of
    the accused. In a murder trial, by describing the
    independent witnesses as “chance witnesses”, it cannot

    of
    be implied thereby that their evidence is suspicious and
    their presence at the scene doubtful. Murders are not
    committed with previous notice to witnesses; soliciting
    their presence. If murder is committed in a dwelling
    rt
    house, the inmates of the house are natural witnesses. If
    a murder is committed in a street, only passers-by will

    be witnesses. Their evidence cannot be brushed aside or
    viewed with suspicion on the ground that they are mere
    “chance witnesses”. The expression “chance witness” is
    borrowed from countries where every man’s home is

    considered his castle, and everyone must have an
    explanation for his presence elsewhere or in another
    man’s castle. It is quite an unsuitable expression in a

    country where people are less formal and more casual, at
    any rate in the matter of explaining their presence.”

    30. The principle was reiterated by this Court in Jarnail
    Singh v. State of Punjab
    , (2009) 9 SCC 719: (2010) 1 SCC (Cri)

    107: (SCC p. 725, paras 21-23)
    “21. In Sachchey Lal Tiwari v. State of U.P., (2004) 11
    SCC 410: 2004 SCC (Cri) Supp 105, this Court, while
    considering the evidentiary value of the chance
    witness in a case of murder which had taken place in a
    street and a passer-by had deposed that he had
    witnessed the incident, observed as under:

    If the offence is committed in a street, only a
    passer-by will be the witness. His evidence
    cannot be brushed aside lightly or viewed with
    suspicion on the ground that he was a mere

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    chance witness. However, there must be an
    explanation for his presence there.

    The Court further explained that the expression
    “chance witness” is borrowed from countries where

    .

    every man’s home is considered his castle, and
    everyone must have an explanation for his presence
    elsewhere or in another man’s castle. It is quite an

    unsuitable expression in a country like India, where
    people are less formal and more casual, at any rate in
    the matter of explaining their presence.

    of

    22. The evidence of a chance witness requires very
    cautious and close scrutiny and a chance witness
    must adequately explain his presence at the place of
    occurrence (Satbir v. Surat Singh, (1997) 4 SCC 192:

    rt
    1997 SCC (Cri) 538, Harjinder Singh v. State of Punjab,
    (2004) 11 SCC 253: 2004 SCC (Cri) Supp 28,

    Acharaparambath Pradeepan v. State of Kerala, (2006)
    13 SCC 643 : (2008) 1 SCC (Cri) 241 and Sarvesh Narain
    Shukla v. Daroga Singh
    , (2007) 13 SCC 360 : (2009) 1
    SCC (Cri) 188 ). Deposition of a chance witness whose

    presence at the place of the incident remains doubtful
    should be discarded (vide Shankarlal v. State of
    Rajasthan
    , (2004) 10 SCC 632: 2005 SCC (Cri) 579).

    23. Conduct of the chance witness, subsequent to the

    incident, may also be taken into consideration,
    particularly as to whether he has informed anyone
    else in the village about the incident (vide Thangaiya

    v. State of T.N., (2005) 9 SCC 650: 2005 SCC (Cri) 1284).
    Gurcharan Singh (PW 18) met the informant Darshan
    Singh (PW 4) before lodging the FIR, and the fact of
    conspiracy was not disclosed by Gurcharan Singh (PW

    18) or Darshan Singh (PW 4). The fact of a conspiracy
    has not been mentioned in the FIR. Hakam Singh, the
    other witness on this issue, has not been examined by
    the prosecution. Thus, the High Court was justified in
    discarding the part of the prosecution’s case relating
    to conspiracy. However, in the fact situation of the
    present case, the acquittal of the said two co-accused

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    has no bearing, so far as the present appeal is
    concerned.”

    32. Baldev Kumar (PW3) stated that he had tried to rescue

    .

    the informant but did not sustain any injuries in the incident. He

    omitted the names of Shareshtha and Mona Devi, who were

    present on the spot as per the prosecution. All these circumstances

    make it difficult to place reliance on his testimony.

    of

    33. Naresh Kumar (PW7) stated that he was going to his
    rt
    home on 14.02.2009 at about 9 PM and saw that the relatives of

    Rajnish Kumar (PW1) and his nephew were quarrelling with

    Rajnish Kumar (PW1). They inflicted injuries to Rajnish Kumar

    with bricks, kicks and fist blows. The accused left the spot.

    34. This witness has not named any particular accused but

    has used the generalised term ‘accused present in the Court’. He

    did not state that injuries were caused to Sajneesh Kumar (PW2) in

    his presence. He claimed that the informant Rajnish had sustained

    injuries on his back and on his face. Nobody stated that informant

    Rajnish had also sustained injuries on his back. He stated that

    many people were present on the spot who had rescued the

    informant from the accused. It was nobody’s case that many

    people were present on the spot; rather, the prosecution version is

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    19
    2026:HHC:7980

    that he and Baldev Kumar (PW3) were present on the spot.

    Therefore, his testimony is not reliable and was rightly rejected by

    .

    the learned Trial Court.

    35. Thus, the statements of the prosecution witnesses were

    not credible. Learned Trial Court had taken a reasonable view

    while doubting these testimonies, and this Court will not interfere

    of
    with the reasonable view of the learned Trial Court, even if

    another view is possible.

    rt

    36. In view of the above, the present appeal fails, and the

    same is dismissed, and so are the pending miscellaneous

    applications, if any.

    37. In view of the provisions of Section 437-A of the Code

    of Criminal Procedure (Section 481 of Bhartiya Nagarik Suraksha

    Sanhita, 2023) the respondents/accused are directed to furnish

    bail bonds in the sum of ₹25,000/- each with one surety each in

    the like amount to the satisfaction of the learned Trial Court

    within four weeks, which shall be effective for six months with

    stipulation that in the event of Special Leave Petition being filed

    against this judgment, or on grant of the leave, the

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    20
    2026:HHC:7980

    respondents/accused on receipt of notice thereof, shall appear

    before the Hon’ble Supreme Court.

    .

    38. A copy of the judgment, along with records of the

    learned Trial Court, be sent back forthwith.

    of
    (Rakesh Kainthla)
    Judge
    20th March, 2026
    (Nikita) rt

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