JUDGMENT 1. - Accused Bulaki has been convicted under Section 326 and 456 of the Indian Penal Code and under each of the counts, he has been sentenced to undergo two years rigorous imprisonment and a fine of Rs. 200/ and in default of payment of fine, to further suffer rigorous imprisonment for one month. The accused-appellants Chelaram and Bheraram have been convicted under Section 442 and 448 of the Indian Penal Code and sentenced to three months simple imprisonment and a fine of Rs. 100/- each, if default of payment of fine, to further suffer simple imprisonment for fifteen days. 2. Briefly stated, the case of the prosecution is that on May 9, 1974, at about 8.30 p.m., Chorulal PW 1 was inside his house and it is alleged that the three accused-appellants with others committed house trespass with intention to cause hurt to Chorulal PW 1. Accused-appellant Bheraram was armed with a knife and some others were armed with lathis. The accused Bheraram is said to have chopped off the nose of Choruram PW 1 while other were holding him. The cause of beating Chorulal PW 1 is said to be that he had, on the same day, written Ex. P. 1, a document with regard to the dispute of one Smt Tulchha daughter of Utamaram Ex. P. 1 was to be produced in the court of Magistrate. Sriganganagar. The accused persons made their escape. A report of the incident Ex. P 2 was lodged at police station, Nayashahar, Bikaner on May 10, 1974 at 8.00 a.m. A case No. 33 of 74 under Section 326, 452 etc. IPC was lodged. 3. During the investigation of the case, Dr. Surendra Kumar Acharya (PW 3), the then Medical Jurist, P.B.M. Hospital, Bikaner examined the injuries of Chorulal on May 10, 1974 as well of Smt. Phusi, mother of Chorulal who has produced as PW 5, On examination Smt. Phusi, Dr. Acharya found that she had one bruise 3/4"x 1/2" over right maxillow zygomatic region by a blunt weapon within 15 hours duration. It was simple injury.On examining Chorulal, Dr. Acharya found an injury, one incised wound about 3/4"x 1/2" x tip of the nose with missing of the tip of the nose and anterior part of left ala of nose. The injury was caused by sharp weapon and was grievous in nature. It was received within 15 hours. It was simple injury.On examining Chorulal, Dr. Acharya found an injury, one incised wound about 3/4"x 1/2" x tip of the nose with missing of the tip of the nose and anterior part of left ala of nose. The injury was caused by sharp weapon and was grievous in nature. It was received within 15 hours. In the opinion of Dr. Acharya, there was permanent disfiguration on the face as a result of the injury which was caused by a knife. Dr. Acharya also examined one Bhanwar Lal who had also received injuries and found that he had four injuries, all simple by blunt weapon. 4. After investigation, a charge sheet was filed against the three accused-appellants and each of them was tried by the learned Additional Sessions Judge, Bikaner who after trial, convicted and sentenced the accused persons as aforesaid. 5. The first contention of the learned advocate, for the accused appellants is the story of the prosecution that the occurrence took place inside the house of Chorulal PW 1 is not proved on record and the conclusions to that effect of the learned Additional Sessions Judge are not borne out on the record. The learned advocate has referred to para 7 of the judgment of the learned Additional Sessions Judge, wherein she has observed - "...It is also possible that the incident did not take place inside the house, therefore, the bed cover was not seized. If there was no bed cover on the cot, then some of the blood should have fallen on the cot itself but that too has not been produced in evidence." The learned Additional Sessions Judge has further observed in para 7,- "In order to show that a struggle took place at a particular place, the prosecution should be able to collect some proof from the spot itself to show that a particular incident occurred at that place. The surrounding circumstances become more relevant than the testimony of the witnesses which is subject to changes according to the circumstances." But even observing so, the learned Sessions Judge placed reliance on the evidence of Chorulal PW 1 while concluding that the incident took place inside the house of Chorulal. The surrounding circumstances become more relevant than the testimony of the witnesses which is subject to changes according to the circumstances." But even observing so, the learned Sessions Judge placed reliance on the evidence of Chorulal PW 1 while concluding that the incident took place inside the house of Chorulal. I am unable to agree with the learned Additional Sessions Judge when she observed, at the end of para 11 of her judgment, that the investigation officer failed to collect the blood stained mud or blood-stained cot or cloth and this lapse cannot be a circumstance to disprove the whole care The reason is that the investigating officer had gone to the spot and prepared the site plan which has not been exhibited but is available on record as a prosecution document. It appears from the site plan which is available on the file of the learned Magistrate at paper A4/4 and A4/5 that it is clearly mentioned there that no blood was found at the place where the occurrence is alleged to have taken place by the complainant. The learned Sessions Judge herself commented on the statement of Chorulal PW 1 that he is not a witness of sterling worth I will let the learned Addl. Sessions Judge speak for herself,- "..In my opinion, the full testimony of Chorulal cannot be said to be of sterling worth but it is possible to separate the grain from the chaff to find out as to what is true and what is not.." Therefore, in the absence of seizure of blood either from the cot or from the bed-cover which as per the statement of Chorulal was on the cot at the time of the incident. Only on the statement of Chorulal in which the learned Addl. Sessions Judge has found one glaring infirmity it cannot be held that the incident took place inside the house, Smt. Phuri PW 5 is the mother of Chorulal and if the incident would have taken place inside the house, her presence would have been natural. As stated earlier, the cause of the beating to Chorulal is said to be that he had scribed Ex.PI for presentation to Munsif Magistrate, Sriganganagar. Apart from the statement of Chorulal PWl no other signatory of Ex PI has been examined to show that it was executed by Chorulal. As stated earlier, the cause of the beating to Chorulal is said to be that he had scribed Ex.PI for presentation to Munsif Magistrate, Sriganganagar. Apart from the statement of Chorulal PWl no other signatory of Ex PI has been examined to show that it was executed by Chorulal. A look at Ex PI will show that it is mentioned then in that the Mohallawalas signatories to it bear testimony to the fact that Tulchha daughter of Utmaram has been sold. What was the occasion of such document being prepared for presentation to the court of Munsif Magistrate, Sriganganagar has not been shown on record. That apart, as mentioned in the first information report. Ex PI is said to have been writ en in the morning and the incident took place in the evening but a lock at the statement of Churilal I shows that he had stated (examination-in-chief; that Ex.PI is signed by him and it was scribed by him in the presence of the Magistrate at Sriganganagar. Therefore, the cause for which the beating is alleged to have been administered by the accused persons to Chorulal PW 1 falls to the ground. Besides that, admittedly there were the houses of several neighbours near the home of Chorulal and not a single independent witness has been examined to prove that the incident took place inside the house of Chorulal. Some witnesses whose presence was mentioned in the first information report by Chorulal were examined as court-witnesses and they have stated that the incident took place inside the house I am, therefore, unable to agree with the learned Additional Sessions Judge that on the evidence on record, it can be held that the occurrence took place inside the house of Chorulal. 6. Similarly, only on the statement of the two witnesses which are not corroborated by other witnesses, who were admittedly present at the time of the incident, it is not possible to hold that the accused appellant Bulaki is responsible for having chopped off the nose of Chorulal PW 1. So far as the offence under sec. 442/448 against the other two accused-appellants, namely Bherarm and Chelaram is concerned I have already observed above that on the record, it is not proved that the occurrence took place inside the home and as such, none of them can be convicted of the offences of which they have been convicted. So far as the offence under sec. 442/448 against the other two accused-appellants, namely Bherarm and Chelaram is concerned I have already observed above that on the record, it is not proved that the occurrence took place inside the home and as such, none of them can be convicted of the offences of which they have been convicted. I am unable to hold that the incident took place as alleged by the prosecution. 7. In the result, the appeal is allowed and the conviction and sentence of the accused appellants are set aside. All the accused appellants are acquitted of the charges levelled against them. They are on bail and they need not surrender to the bail bonds which are hereby discharged.Appeal Allowed. *******