JUDGMENT Justice Rajiv Sharma, Judge. State has come in appeal against the judgment dated 30.7.2005 of the Judicial Magistrate 1st Class, Court No.2, Paonta Sahib in criminal case No. 142/2 of 1999, whereby the respondents, who were charged with and tried for offences punishable under sections 147, 148, 149, 323, 452 and 506 of the Indian Penal Code, have been acquitted. 2. Case of the prosecution, in a nutshell, is that on 5.3.1999 at about 4.20 P.M., complainant (PW-5 Naresh Kumar) reported that he was running a shop in the name and style of Gupta Photostat in Ward No.8, Paonta Sahib. The house of his brother Dr. Prem Chand Sharma was near his shop comprising five rooms, one toilet and bathroom. The house was in the name of wife of his brother Dr. Prem Chand Sharma, namely, Poonam Sharma. The Sub Divisional Magistrate, Paonta Sahib has appointed a Receiver. The receiver has locked the premises on 3.7.1998. The Tehsildar after opening the lock gave possession of the house to Poonam Sharma. His brother Dr. Prem Chand Sharma alongwith his family lives in Ambala. His brother has engaged Deepak Rao and Mohan Singh as servants to look after the house. At about 4.00 P.M. on 5.3.1999, when the complainant alongwith Deepak Rao and Mohan Singh were sitting inside the house, the accused with common intention having Gandasi and iron rods in their hands came inside the house after breaking the wall. Accused Chaman Lal was having Darati in his hand. All the accused gave beatings to the complainant and Deepak with kicks and fist blows and also threatened them to do away with their lives. One Upender Sharma (PW-2) has seen the occurrence from outside the house. Mohan Singh who because of terror had stood outside the house also saw the occurrence. The accused ran away from the spot. On the basis of complaint, F.I.R. Ex.PW-6/A was registered. MLCs of Naresh Kumar and Deepak Rao are Ex.PW-16/A and Ex.PW-16/B. The spot map was prepared. The photographs were also taken on the spot. Gandasi and iron rods were also taken into possession vide recovery memo Ex.PW-8/A. The matter was investigated and after completing all the codal formalities, the challan was put up in the court. 3. Prosecution has examined as many as 16 witnesses to prove its case. The photographs were also taken on the spot. Gandasi and iron rods were also taken into possession vide recovery memo Ex.PW-8/A. The matter was investigated and after completing all the codal formalities, the challan was put up in the court. 3. Prosecution has examined as many as 16 witnesses to prove its case. Statements of the accused under section 313 of the Code of Criminal Procedure were recorded. The accused have led evidence and examined DW- 1 Ashwani Kumar, DW-2 Vijay Kumar, DW-3 Kashmiri Lal and DW-4 Mahender Singh. Learned trial court acquitted the accused on 30.7.2005. 4.Mr. Pramod Thakur, learned Additional Advocate General has vehemently argued that the prosecution has proved its case against the respondents. 5.Ms. Sunita Sharma has supported the judgment of the trial court. 6.I have heard the learned counsel for the parties and have perused the records carefully. 7. Material witnesses are PW-5 Naresh Kumar, PW-3 Deepak, PW-6 Mohan and PW-12 Upender Sharma. PW-5 Naresh Kumar is a Government servant. He was on duty on the date of incident on 5.3.1999. How he reached the house at 4.00 P.M. has not been explained by the prosecution. According to PW-5, Mohan Singh has also suffered injuries. However, Mohan Singh while appearing as PW-6 has deposed that he was standing outside the house and has not suffered any injury. According to him, the police had reached the spot after the beatings were given to him, Deepak and Mohan. Police has taken into possession blood stained Danda Ex.P-1 and iron rod Ex.P-2 through recovery memos. According to him, blood stains were present on Ex.P- 1 and P-2. However, the Court has observed at the time of recording of evidence that there was no mark of blood stains on Ex.P- 1 and Ex.P-2. According to him, number of people had gathered on the spot. However, he could not name them. He has also deposed that he and Deepak were rescued by the police. However, the fact of the matter is that the police reached the spot after the incident had taken place. In view of this, the statement of this witness that he was saved by the police does not inspire confidence. 8.According to PW-3 Deepak, 60-70 persons had reached the spot. According to him, his shirt was stained with blood. However, the same was not taken into possession by the Investigating Officer. In view of this, the statement of this witness that he was saved by the police does not inspire confidence. 8.According to PW-3 Deepak, 60-70 persons had reached the spot. According to him, his shirt was stained with blood. However, the same was not taken into possession by the Investigating Officer. He has deposed in cross-examination that the fight occurred at 4.00 P.M. and it lasted for about 40-45 minutes. He has also admitted that accused Daulat Ram and Sanjay have also suffered injuries. Daulat Ram and Sanjay were also medically examined. He has also deposed in his cross- examination that he was medically examined on the next day and Naresh Kumar was also medically examined with him on the next day. According to him, he was medically examined at 10-11 A.M. However, as per M.L.Cs. of Naresh and Deepak Ex.PW-16/A and Ex.PW­16/B, they were examined on 5.3.1999. 9.According to PW-2 Vijay Pal, he saw some persons giving beatings to P.C. Sharma. P.C. Sharma was at Ambala. He was rightly declared hostile. 10.Mohan Lal has appeared as PW-6. According to him, he was terrified and ran away from the spot. He saw the incident from distance. He has also deposed that he has not suffered any injury. His presence on the spot is also doubtful. 11.PW- 12 Upender Sharma has deposed that he was sitting in the shop of Nirmal Sharma. He heard noise of Dr. Prem Chand Sharma. He saw the sticks in the hands of 2-3 persons and one Gandasi in the hand of one person and the accused persons were giving beatings to Naresh Kumar and Deepak. According to his version, no person except him and Nirmal was present on the spot. According to him, Nirmal Sharma has disclosed the names of accused persons. Though PW- 12 Upender Sharma has deposed that he has tried to save the complainant and Deepak, but PW-5 Naresh Kumar has not deposed that he Upender Sharma and Nirmal Sharma have tried to save them. 12.PW-4 Santosh Clerk of Sub Divisional Magistrate has proved Ex.PW-4/A. PW-7 Om Parkash Yadav has registered F.I.R. Ex.PW-6/A. PW-8 Abhay Singh is witness to recovery memo. 12.PW-4 Santosh Clerk of Sub Divisional Magistrate has proved Ex.PW-4/A. PW-7 Om Parkash Yadav has registered F.I.R. Ex.PW-6/A. PW-8 Abhay Singh is witness to recovery memo. 13.According to the evidence, Tehsildar has handed over the possession to the wife of P.C. Sharma in between 9.00 A.M. to 9.15 A.M. though the office time is 10.00 A.M. He could not explain why he has handed over the possession before office hours. 14.It has come in the statement of PW- 14 ASI Prem Chand that litigation is going on between the parties. However, during investigation he has not stated so. PW- 15 Dr. R.K. Dhiman has refused to identify the signatures and hand writing of Dr. Ashish Sharma. Dr. Ashish Sharma was examined as PW-16. According to him, he medically examined Naresh and Deepak on 5.3.1999 and issued MLCs Ex.PW-16/A and Ex.PW­16/B, respectively. As per the ocular statement of Deepak, he alongwith Naresh was medically examined on 6.3.1999 at about 10.00/11.00 A.M. 15. Accused have examined DW- 1 Ashwani Kumar. He has verified rapat Rojnamcha dated 5.3.1999 Ex.DW-1/A vide which rapat was lodged against the complainant party by the accused. DW-2 Vijay Kumar has verified the electricity bills Ex.D-1 to Ex.D-13. According to him, the bills were issued in the name of Daulat Ram. DW-3 Kashmiri Lal has deposed that on 5.3.1999 at 3.00 P.M. he alongwith Daulat Ram and his son-in-law and wife of Daulat Ram were present in the house of Daulat Ram. Complainant Naresh alongwith 2- 3 persons came on the spot with the Dandas and iron rods and caused injuries to Daulat Ram. DW-4 Mahender Singh has verified MLCs from the record. He was acquainted with the signatures of Dr. Mangla. The accused were examined as per MLCs Ex.DW-4/A and Ex.DW-4/B at 4.00 P.M. In case the accused were being examined at 4.00 P.M., which led to issuance of Ex.DW­4/A and Ex.DW-4/B, how the incident could take place at 4.00 P.M. in the house of Dr. P.C. Sharma. There is delay of about 24 hours in sending the F.I.R. which has not been explained by the prosecution. What appears is that there was some fight and both the parties have received injuries. The injuries received by the accused have not been explained. P.C. Sharma. There is delay of about 24 hours in sending the F.I.R. which has not been explained by the prosecution. What appears is that there was some fight and both the parties have received injuries. The injuries received by the accused have not been explained. The accused were examined medically at 4.00 P.M. and as per the version of prosecution, the incident also took place at 4.00 P.M. According to Deepak, his shirt was stained with blood, but the same was not recovered. It has come on record that many people had assembled on the spot. However, they were not examined. According to the statement of PW-3 Deepak, he and Naresh Kumar were medically examined on the next day, but in the M.L.Cs. the date of examination has been shown as 5.3.1999. The weapons of offence have been recovered from the spot and not from the possession of the accused persons. It has also not been proved on the basis of site plan Ex.PW- 14 and photographs Ex.PW-1 1/1 to Ex.PW-1 1/4 that the wall was broken by the accused to enter the house. PW- 1 has admitted that the mutation till date has not been attested in the name of Poonam Sharma. He has also admitted that earlier the case was registered against the accused party and the same was dismissed. Naresh Kumar has also admitted while appearing as PW-5 that he was not on leave and he was on duty on 5.3.1999. P.C. Sharma was not present on the spot despite that PW-2 has deposed that he heard the cries of P.C. Sharma. There are material contradictions in the statements of the witnesses produced by the prosecution. The version of the prosecution is not believable. The learned trial court has rightly appreciated the evidence led by the parties. 16. Accordingly, in view of the observations and analysis made hereinabove, there is no merit in the appeal and the same is dismissed.