Judgment Rajiv Sharma, J. 1. State has come in appeal against the judgment of the learned Sessions Judge, Shimla rendered in Sessions Trial No. 32-S/7 of 2002 whereby respondents, who were charged with and tried for offences punishable under sections 332 and 333 read with section 34 of the Indian Penal Code, have been acquitted on 31.8.2004. 2. Case of the prosecution, in a nutshell, is that on 20.4.2001 at about 4.15 P.M. Ramesh Kumar (PW-2) complainant was discharging the duties as a constable. He was in uniform. According to the prosecution, all the accused reached there and started giving beatings to Ramesh Kumar. Complainant received injuries on his ear and leg. Ramesh Kumar informed Police Post, Kasumpati with regard to the incident. Head Constable Rajinder Singh (PW-8) reached on the spot. Rajinder Singh recorded statement of complainant vide Ex. PC on the basis of which F.I.R. Ex. PH was registered at Police Station, Chhota Shimla. Injured was taken to Indira Gandhi Medical College and Hospital, Shimla. He was examined by PW-7 Dr. Ramesh Chand. PW-7 Dr. Ramesh Chand referred him to PW-9 Dr. R.S. Minhas. The investigation was completed and the challan was put up after completing all the codal formalities. 3. The prosecution has examined as many as nine witnesses in all. Statement of accused under section 313 was recorded. Case of the accused is of simplicitor denial. The trial court has acquitted the accused on 31.8.2004. It is in these circumstances, the State has filed the present appeal. 4. Mr. Rajesh Mandhotra, learned Deputy Advocate General has vehemently argued that the prosecution has proved its case against the accused. According to him, the trial court has not correctly appreciated the oral as well as documentary evidence. 5. Mr. M.L. Brakta has supported the judgment of acquittal. 6. We have heard the learned counsel for the parties and have perused the records carefully. 7. PW-2 Ramesh Kumar has deposed that he was posted in the traffic police and was controlling the traffic at Bus Stand, Kasumpati on 20.4.2001. Accused Bal Krishan, Vijay Kumar and their sister Asha came there at about 4.15 P.M. and started beating him. Accused Vijay Kumar gave him a fist blow on his left ear and accused Bal Krishan gave him fist and leg blows. He suffered injuries on his ear and leg. Accused Asha caught him from hair. His uniform was torn. Accused Bal Krishan, Vijay Kumar and their sister Asha came there at about 4.15 P.M. and started beating him. Accused Vijay Kumar gave him a fist blow on his left ear and accused Bal Krishan gave him fist and leg blows. He suffered injuries on his ear and leg. Accused Asha caught him from hair. His uniform was torn. He was rescued by Tara Chand, Kishore and Surinder Kumar. He informed the Police Post, Kasumpati. PW-8 HC Rajinder Kumar came to the spot. He recorded statement under section 154 of the Code of Criminal Procedure. He was medically examined in Indira Gandhi Medical College and Hospital. According to him, accused had teased some girls in the Bus Stand about 15-20 days back and he had asked them not to tease the girls in future and due to this reason they had given beating to him and caused obstruction in discharge of his duties. In his cross-examination, he has stated that quarrel has taken place for about 15-20 minutes. He has denied that he was teasing accused Asha Kumari. He has admitted that she has made a complaint to the police against him regarding teasing. He also deposed that the police reached the spot within 7-10 minutes on his telephone and the witnesses were at the spot when the police came there. He alongwith witnesses was taken to the Police Post, Kasumpati by the police. They remained at Police Post, Kasumpati for about half an hour. 8. PW-3 Tara Chand has deposed that on 20.4.2001 at about 4.15 P.M., he was present at the Bus Stand alongwith Surinder and Kishore Kumar. Accused and Ramesh Kumar were quarrelling with each other. Accused were beating Ramesh Kumar. He was associated in the investigation. Police has taken into possession the shirt from Ramesh Kumar, which was torn. The same was sealed at the spot and taken into possession vide memo Ex. PD. In his cross-examination, he has deposed that 25-40 persons had gathered at the spot. The occurrence took place for about 10-15 minutes in their presence. 9. PW-7 Dr. Ramesh Chand has deposed that he has medically examined PW-2 Ramesh Kumar on 20.4.2001. He was referred to E&T Specialist for opinion and treatment. He noticed abrasion on left leg posterior aspect. The probable duration of injuries was 2-5 hours. Patient was complaining of decreased hearing. The occurrence took place for about 10-15 minutes in their presence. 9. PW-7 Dr. Ramesh Chand has deposed that he has medically examined PW-2 Ramesh Kumar on 20.4.2001. He was referred to E&T Specialist for opinion and treatment. He noticed abrasion on left leg posterior aspect. The probable duration of injuries was 2-5 hours. Patient was complaining of decreased hearing. He noticed blunt injury on the left ear, redness, swelling, no bleeding from the ear or pinna. He has issued M.L.C. Ex. PJ. Injured was examined on the application of police Ex. PK. According to the opinion of E&T Specialist, injury No. 1 was found to the grievous. 10. PW-8 HC Rajinder Singh has investigated the case. According to him at about 4.30 P.M., he went to the spot after receiving a telephone from Bus Stand, Kasumpati. He recorded the statement of PW-2 Ramesh Kumar under section 154 of the Code of Criminal Procedure. According to him, complainant was having injuries on his left ear and left leg and his uniform shirt was also torn. He sent ruka Ex. PC to Police Station, Chhota Shimla. According to him, he remained on the spot for half an hour, again stated for 1½ hours. According to him, statements of the witnesses were recorded on the spot. He has also admitted that accused Asha Kumari had also lodged report against the complainant regarding teasing. 11. According to PW-9 Dr. R.S. Minhas, injury was grievous in nature and could be caused by fist blow or slap on the ear. He has issued opinion Ex. PM. 12. Prosecution has miserably failed to prove the genesis of the incident. According to PW-2 Ramesh Kumar, accused all of a sudden came at about 4.15 P.M. and started beating him. He was rescued by Tara Chand, Kishore and Surinder Kumar witnesses. PW-2 towards the end of his examination-in-chief has deposed that the accused had teased some girls in the Bus Stand about 15-20 days back and he had asked them not to tease the girls in future and due to this reason, they had given beating to him. However, in his statement recorded vide Ex. PC, the fact of teasing has not been mentioned. He has admitted in his cross-examination that one of the accused Ashu Shandil has filed a complaint against him with the police. According to him, police remained on the spot for about 10-15 minutes. However, in his statement recorded vide Ex. PC, the fact of teasing has not been mentioned. He has admitted in his cross-examination that one of the accused Ashu Shandil has filed a complaint against him with the police. According to him, police remained on the spot for about 10-15 minutes. However, according to PW-8 Rajinder Singh, he remained on the spot initially for half an hour and then he improved his statement and deposed that he remained on the spot for 1½ hours. According to PW-2, he alongwith witnesses were taken to the Police Post, Kasumpati by the police. They remained at the Police Post for half an hour. It is not so stated by PW-8 Rajinder Singh. PW-8 has also admitted that accused Ashu Shandil had also lodged complaint against the complainant regarding teasing. According to PW-3 Tara Chand, 25-40 people had gathered on the spot. However, prosecution has only examined one independent witness PW-3 Tara Chand. Incident has happened in a busy Bazaar where according to PW-3, 2540 people had gathered. Prosecution has not explained why independent witnesses were not associated though available on the spot. PW-3 Tara Chand is a Taxi Driver and the trial court has rightly come to a conclusion that the possibility of his being under the influence of traffic police cannot be ruled out. It cannot be believed that accused persons would give beatings to the constable, who was in uniform in a busy Bazaar. It can also not be believed that two brothers would tease a girl alongwith their sister, i.e. Ashu Shandil. What has come on the record is that Ashu Shandil has lodged a complaint against PW-2 Ramesh Kumar for teasing her. Statement of PW-2 that he has been given the beatings since he has told the accused not to tease the girls cannot be believed since the complainant has not stated so in his statement Ex. PC. Even in his statement, PW-2 has not stated which of the accused teased the girls. 13. Accordingly, the learned trial court has correctly appreciated the evidence produced by the prosecution and there is no infirmity in the judgment of the trial court. 14. Consequently, in view of the observations and discussions made hereinabove, there is no merit in the appeal and the same is dismissed. Bail bonds are cancelled. No costs.