JUDGMENT : Sureshwar Thakur, J. 1. The instant appeal stands directed against the impugned judgment of acquittal recorded by the learned Chief Judicial Magistrate, Kinnaur, District at Reckong Peo, H.P. whereby he pronounced an order of acquittal upon the accused qua the offences allegedly committed by them. 2. The brief facts of the case are that on 16.3.2006 at about 10 p.m the accused asked Vijay Nand to beat the drum and when he refused the accused tried to manhandle him. However, Vijay Nand came to his house and while he was sleeping in his house during night, the accused knocked the door and when the wife of the complainant Vijay Nand, opened the door, the accused entered into the room and gave beatings to Vijay Nand and wife Prem Bhagati. The injured were brought to the hospital for medical treatment by the police. The police after collecting the evidence and after completing all codal formalities and on conclusion of the investigation into the offences, allegedly committed by the accused, challan was prepared and filed in the Court. 3. A notice of accusation stood put to the accused by the learned trial Court for theirs committing offences punishable under Sections 451 and 323 read with Section 34 IPC to which they pleaded not guilty and claimed trial. 4. In order to prove its case, the prosecution examined 9 witnesses. On closure of prosecution evidence, the statements of the accused under Section 313 of the Code of Criminal Procedure, were recorded in which they pleaded innocence and claimed false implication. They did not choose to lead any defence evidence. 5. On an appraisal of the evidence on record, the learned trial Court returned findings of acquittal in favour of the accused. 6. The learned Additional Advocate General has concertedly and vigorously contended qua the findings of acquittal recorded by the learned trial Court standing not based on a proper appreciation of evidence on record, rather, theirs standing sequelled by gross mis-appreciation of material on record. Hence, he contends qua the findings of acquittal warranting reversal by this Court in the exercise of its appellate jurisdiction and theirs standing replaced by findings of conviction. 7. Hence, he contends qua the findings of acquittal warranting reversal by this Court in the exercise of its appellate jurisdiction and theirs standing replaced by findings of conviction. 7. The learned counsel appearing for the respondents has with considerable force and vigour contended qua the findings of acquittal recorded by the Court below standing based on a mature and balanced appreciation of evidence on record and theirs not necessitating interference, rather theirs meriting vindication. 8. This Court with the able assistance of the learned counsel on either side has with studied care and incision, evaluated the entire evidence on record. 9. The genesis of the prosecution case, is embodied in the factum of “at a” Mela at village Kothi, the victims who are drum beaters allegedly resisting the calls of the accused to beat the drums. The request aforesaid also remained unacceded by the victims/complainants. The refusal of the complainants, begot the sequel of the accused allegedly trespassing into the houses of the complainants/victims whereat they are alleged to deliver blows upon them, in sequel whereto the victims respectively received injuries on their respective persons injuries whereof are comprised in Ext.PW-7/B and in Ext.PW-7/C. The learned Additional Advocate General has contended that the reasons assigned by the learned Chief Judicial Magistrate for acquitting the accused persons are both infirm besides worthless, reasons whereof is comprised in the prosecution story being rendered incredible, for want of the Investigating Officer concerned excluding from joining in his investigations independent witnesses vis-à-vis the occurrence, though they evidently were available in close proximity thereof, being not sufficient to dispel the credible testifications’ rendered qua the occurrence by the relatives of the victims’ nor hence their purported interestedness eroding their credible testifications. Apparently the genesis of the prosecution version would gain credence only when it is free from any taint of it standing reared by any partisan or slanted investigations’ carried in respect thereof held by the investigating officer also his investigations would be rid of the aforesaid stains, if he given the evident availability of independent witnesses in proximity of the site of occurrence, hence solicited his/their association in the relevant investigation. However, hereat the genesis of the ill-fated incident rests upon the testimonies of two purported independent witnesses to the incident. However, hereat the genesis of the ill-fated incident rests upon the testimonies of two purported independent witnesses to the incident. However, both witnesses aforesaid are evidently close relatives of the victims yet hence merely on the score of their purported interestedness, their respective testifications’ would not be rendered un-creditworthy unless potent evidence exists in respect of independent witnesses residing in close proximity to the occurrence remaining deliberately unassociated in the relevant investigations for no good tenable reason assigned by the Investigating Officer. For adjudging the merit of the testifications of the close relatives of the victims also for determining vis-à-vis their purported interestedness undermining the vigour of the prosecution case, an allusion is imperative to the voicings respectively occurring in the cross-examinations of both witnesses aforesaid, in respect of the homestead of one Anand Singh being available in closer proximity to the site of occurrence vis-à-vis the availability of homesteads of the aforesaid, whereupon the non association of the aforesaid Anand Singh by the Investigating Officer in the relevant investigations, marshals an inference that his want of concert in soliciting the participation of independent witnesses in the apposite proceedings, hence standing prodded by an oblique motive, for concealing the truth or also gives leeway to an inference that the proceedings as conducted at the site of occurrence being imbued with lack of transparency, whereafter the further inference is engendered of hence the Investigating Officer conducting slanted investigations. 10. 10. Be that as it may, the substratum of the testifications’ of the victims besides of their close relatives in respect of penal misdemeanors ascribed to the accused occurring in their respective houses, also looses their vigour, conspicuously with the occurrence evidently occurring at 10.00 p.m and its continuing upto 11.00 p.m, thereupon with the house of Anand Singh being evidently located in closer proximity vis-àvis the site of occurrence than the houses of the relatives of the victims also renders the association of the relatives of the victims in the relevant investigations besides renders the non-association therein of Anand Singh by the Investigating Officer, to be susceptible to skepticism, especially with the prolonged duration of continuance of penal misdemeanors at the house of the victims besides with evident outbursts emanating from homesteads of the victims, the arrival thereat of one Anand Singh was inevitable also when upon the arrival at the site of occurrence, of the Investigating Officer, the accused were purportedly found in the premises’ of the victims, thereupon for establishing the aforesaid factum, the association of Anand Singh was imperative, whereas his being omitted to be associated in the relevant investigations’, stems an inference of the Investigating Officer holding interested investigations also his by joining the close relatives of the victim, his camouflaging the truth of the genesis of the prosecution case, hence rendering it to be unbelievable. 11. The learned Additional Advocate General submits, that with the learned defence counsel putting an affirmative suggestion to PW-5 while holding him to cross-examination, holding echoings of certain beatings being delivered by the accused at Kothi temple, suggestion whereof evinced a reply in the affirmative from him, thereupon the defence conceding to the charge. 11. The learned Additional Advocate General submits, that with the learned defence counsel putting an affirmative suggestion to PW-5 while holding him to cross-examination, holding echoings of certain beatings being delivered by the accused at Kothi temple, suggestion whereof evinced a reply in the affirmative from him, thereupon the defence conceding to the charge. However, the aforesaid submission warrants its being dispelled, as the learned Additional Advocate General has remained oblivious to PW-3 in her cross-examination disclosing that at the site of Mela, only females being present, wherefrom it is befitting to conclude that with a prosecution witness hence acquiescing to the non-availability of the accused respondents at the Mela, whereat the initial penal misdemeanors ascribed to the accused stood committed, thereupon with the initial penal misdemeanors ascribed to the accused suffering erosion, whereupon it is to be concluded that the aforesaid suggestion was merely in a perfunctory manner put to PW-3 by the defence counsel, while holding her to cross-examination nor hence any capitalization can be derived therefrom by the prosecution, especially when the prosecution does not allege that any beatings were delivered upon the victims’ by the accused at Kothi temple. 12. For the reasons which have been recorded hereinabove, this Court holds that the learned trial Court has appraised the entire evidence on record in a wholesome and harmonious manner apart therefrom the analysis of the material on record by the learned court below does not suffer from any perversity or absurdity of mis-appreciation and non appreciation of evidence on record, rather it has aptly appreciated the material available on record. 13. In view of the above, I find no merit in this appeal, which is accordingly dismissed. In sequel, the impugned judgment is affirmed and maintained. Record of the learned trial Court be sent back forthwith.