JUDGMENT : Chander Bhusan Barowalia, J. The present appeal, against the judgment acquitting accused, Dola Ram, under Section 307 IPC, passed by the learned Additional Sessions Judge, Fast Track Court, Kullu, District Kullu, H.P. in Sessions Trial No.57/2007 is maintained by the State of Himachal Pradesh on the grounds that the findings of the Court below are based merely on surmises, conjectures and hypothesis and the Court below has arrived at wrong decision without appreciating the evidence on record properly. 2. Brief facts giving rise to the present appeal are that the complainant Tara Singh, who is an agriculturist and whose father is employed as Fire-watcher in Wild Life Wing, has stated before the Police that on 17.12.2006, at about 8.00 a.m., Beli Ram went to Dandi-dhar in connection with his duty and the complainant was present in his house. At about 1.45 p.m., he received message on his mobile phone from Drawing Master, Ganesh, to the effect that his father sustained injuries on his head and arm. He went to the place where he came to know that his father had been taken to Kullu Hospital after his medical check-up at Primary Health Centre, Sainj. On reaching Kullu, he came to know that his father has been referred to Kullu Valley Hospital from Government Regional Hospital, Kullu. At Kullu Valley Hospital, he came to know that at about 1.30 PM, his father has been attacked by the accused with sickle (‘darat’) and his father received injuries on his head. The accused attacked his father with the intention to kill his father. 3. The statement of Tara Singh was recorded under Section 154 Cr.P.C. by the police and F.I.R. was registered at Police Station, Banjar. Medical examination of the injured Beli Ram was conducted in Kullu Valley Hospital. The police recovered blood stained jacket, pant and ‘dhathu’ (scarf) from Beli Ram and statement of Beli Ram was recorded by the Station House Officer, Ram Karan. Beli Ram stated that he had been attacked on his head and arm by accused Dola Ram. The accused was arrested by the Police and sickle (‘darat’) was recovered and taken into possession by the police. 4. After completion of investigation, accused was challaned for the commission of offence under Section 307 IPC. 5. We have heard learned Additional Advocate General for the appellant-State and learned defence counsel for the respondent-accused. 6. The accused was arrested by the Police and sickle (‘darat’) was recovered and taken into possession by the police. 4. After completion of investigation, accused was challaned for the commission of offence under Section 307 IPC. 5. We have heard learned Additional Advocate General for the appellant-State and learned defence counsel for the respondent-accused. 6. The learned Additional Advocate General has argued that the Court below has not appreciated the fact that the accused had given a sickle (‘darat’) blow on the person of Beli Ram. He has further argued that the prosecution has proved the involvement of the accused and the injury inflicted by the accused on the person of Beli Ram, PW-2, was dangerous to life and was caused in order to kill him and the Court below has come to the findings merely on surmises, conjectures and hypothesis. 7. The learned defence counsel has argued that the findings of the Court below are in accordance with law. He further argued that taking into consideration the medico legal examination report, there was no injury on the person of Beli Ram, PW-2, which can be said to be dangerous to life and further PW-5, witness Parbati, was not present on the spot and she is an interested witness. 8. We have gone through the statement of PW-2 Beli Ram, who was the witness of the incidence. He stated that on 17.12.2006 at about 1:30 p.m. when he was returning to his house from place Ropa, at place near ‘Teji Bai’, accused, Dola Ram, met him and accused stated to Beli Ram that Beli Ram (PW-2) is having illicit relations with the wife of the accused and thereafter accused attacked Beli Ram with sickle (‘darat’). As per PW-2 Beli Ram, he received injuries on his head and left hand. On hearing the cries of the injured (Beli Ram, PW-2), his daughter Parbati, who was grazing cattle near the place of occurrence came on the spot and after removing ‘dhathu’ (scarf) from her head tied the same on the head of PW-2. In the meantime, noticing the daughter of PW-2 coming to the place of occurrence, the accused fled away from the spot. As per PW-2 he was taken to Government Hospital and from there he was referred to Kullu Valley Hospital and he was subjected to medical examination and treatment at Kullu Valley Hospital. In the meantime, noticing the daughter of PW-2 coming to the place of occurrence, the accused fled away from the spot. As per PW-2 he was taken to Government Hospital and from there he was referred to Kullu Valley Hospital and he was subjected to medical examination and treatment at Kullu Valley Hospital. His statement in cross-examination shows that the incidence took place on the ‘Mule Road’. The site Ex. PK shows that the incident took place inside the cave and so the statement of PW-2 cannot be said to be trustworthy as there are material contradictions. PW-2 stated that from Sainj he was accompanied by Tara Singh, PW-3, and PW-6 Leeladhar to Government Hospital, but Tara Singh stated otherwise. 9. PW-6, Leeladhar, has given a total different story and stated that Beli Ram met him at Aut and at that time he was accompanied by Surender. Thus, the story propounded on oath by PW-2 Beli Ram that he was accompanied to Kullu Hospital by Leeladhar and Tara Singh from Sainj stands contradicted by other witnesses. 10. As per statement of DW-1, Dr. Rajesh Bodh, when PW-2 Beli Ram reached Government Regional Hospital, Kullu, he was having bandage on his head, meaning thereby that he was treated before he reached the hospital. The medical slip prepared by Dr. Rajesh Bodh, DW-1, is Ex. DA. It is crystal clear that injured Beli Ram has been subjected to medical treatment and examination by Dr. Rajesh Bodh, DW-1, at Regional Government Hospital, Kullu, which is a government hospital. Necessary OPD slip had also been prepared in this connection at Regional Government Hospital, Kullu and this medical slip is admitted in evidence and is exhibited as Ex. DA. Statement on oath by DW-1, Dr. Rajesh Bodh, goes to show that injured Beli Ram, PW-2, had disclosed to Dr. Rajesh Bodh that he has sustained injuries due to fall and the same fact also finds mention in OPD slip Ex. DA. This document has been taken into possession by the police during the course of investigation. This piece of evidence cannot be said to be manufactured. Rajesh Bodh that he has sustained injuries due to fall and the same fact also finds mention in OPD slip Ex. DA. This document has been taken into possession by the police during the course of investigation. This piece of evidence cannot be said to be manufactured. The statement of DW-1 further makes it clear that the emergency treatment was provided to the injured Beli Ram as surgical intervention was required and the Surgeon of Regional Hospital, Kullu, was on field duty on that day and for this reason the injured Beli Ram was referred to further treatment to Regional Hospital, Mandi. There is no evidence that PW-2, Beli Ram, had gone to Regional Hospital, Mandi, rather the evidence is that he was admitted in a private hospital, that is, Kullu Valley Hospital, for further treatment. Therefore, it is clear that injured Beli Ram disclosed at the initial stage that he sustained injuries due to fall. These facts, if taken into consideration, cast a doubt on the prosecution story. 11. PW-9, SI Mohinder Kumar, had deposed that he met Tara Singh, Beli Ram and Medical Officer at Kullu Valley Hospital at about 8:10 p.m. He further stated that Beli Ram and Tara Chand did not discuss anything in his presence. He recorded the statement of Tara Singh. Tara Singh made the statement on the basis of the facts disclosed to him by his father, PW-2 Beli Ram. Tara Singh in his statement, while appearing as PW-3, stated that he reached Kullu Valley Hospital at 9 p.m. and at that time his father was being operated in the hospital and his father regained consciousness at 12 in the night. Therefore, it is clear that Tara Singh PW-3 could only talk to his father after 12 in the night. In these circumstances, the recording of the evidence of Tara Singh about the incidence at 10:30 p.m. in Kullu Valley Hospital by SI Mohinder Kumar appears to be imaginary and no reliance can be placed on the same. 12. The formation of the prosecution story is without any basis. Witness Surender, who was responsible for bringing injured Beli Ram to Kullu Hospital from the spot of occurrence and witness Ganesh, who was the first person to inform PW-3 Tara Singh (complainant), were not examined by the prosecution. 12. The formation of the prosecution story is without any basis. Witness Surender, who was responsible for bringing injured Beli Ram to Kullu Hospital from the spot of occurrence and witness Ganesh, who was the first person to inform PW-3 Tara Singh (complainant), were not examined by the prosecution. However, PW-5, Smt. Parbati, the daughter of PW-2, has deposed about the incidence, but she has narrated the facts as disclosed to her by PW-2. Her presence on the spot is not proved. The medico legal examination also proves that the injuries on the person of PW-2 Beli Ram were not dangerous to life. 13. To conclude it is clear that the statement of injured Beli Ram is full of doubts and does not find corroboration from the evidence of Tara Singh (PW-3) and Leeladhar (PW-6). His first statement made to Dr. Rajesh Bodh that he had sustained injuries due to fall cannot be ignored. The statement of Dr. Rajesh Bodh, who was the Medical Officer at the Government Regional Hospital, Kullu, which is also supported by OPD slip, Ex. DA, cannot be ignored and if this is taken into consideration, the prosecution story is full of doubts and imaginations. The prosecution has tried to suppress the genesis of the occurrence and the story of the prosecution involving the accused is highly doubtful. 14. In these circumstances, we find that the trial court had rightly dealt with the evidence and found the same to be not worthy of credence. We thus find no merit and substance to interfere with the well reasoned judgment, passed by learned Additional Sessions Judge, Fast Track Court, Kullu, and the appeal is accordingly dismissed.