Harnek Singh And Others vs State Of Haryana And Others

CRA-AD-82-2025 -1-
102+208
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRA-AD-82-2025 (O&M)
Date of Decision: 31.10.2026
Harnek Singh and others .... Appellants
Versus
State of Haryana and others .....Respondents
CORAM: HON'BLE MR. JUSTICE RAJESH BHARDWAJ
HON'BLE MS. JUSTICE PUJA CHOPRA
Present: Ms. Sundeep Kaur, Advocate, for
Mr. Sandeep Singh Jattan, Advocate
for the appellants.
Ms. Shaveta Sanghi, DAG, Haryana.
Rajesh Bhardwaj, J.
CRM-45063-2026
Application is allowed, as prayed for.
Annexures A-1 and A-2 are taken on record.
Main case
1. Present appeal has been filed impugning the judgment and
order dated 28.01.2025 passed by learned Additional Sessions Judge,
Ambala, acquitting accused-respondents No.2 to 4 from the charges framed
against them under Sections 307 and 325 read with Section 34 of IPC.
BRIEF FACTS:
2. Succinctly facts of the case are that FIR No.136 dated
22.04.2018, under Sections 307 read with Section 34 of IPC at Police
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Station Naraingarh, was registered by appellant/complainant. It was alleged
by appellant/complainant that on 12.04.2018 at about 05:00 AM, he was
going to vegetable market of Shahzadpur on his motorcycle alongwith Rajat
and Naresh Kumar riding pillion. When they reached near Floor Mill,
Village Akbarpur, he had noticed that Anshul, Akshay and Sandeep, along
with 2-3 other boys were following them in a car bearing registration
No.HR05-AE-6179. They tried to kill complainant by hitting his motorcycle
with their car from back side, due to which, complainant, Rajat and Naresh
Kumar fell on the road and suffered injuries. The complainant suspected
that the accused persons had followed him and has committed alleged attack
on account of the fact that he had seen them consuming liquor on
11.04.2018 and earlier also, the accused persons had attacked him. Thus, he
made a request to take legal action against the accused persons. On the basis
of the complaint, FIR was registered and investigation commenced. During
investigation, site plan was prepared, statements of witnesses were recorded
and accused were arrested and subsequently, released on bail by the Court.
Upon completion of the investigation, the case was found proved against the
accused namely, Vikrant, Akshay and Sandeep Kumar (respondents No.2 to
4). Accordingly, final report under Section 173 Cr.P.C. was submitted
against them before the learned trial Court. On framing of charges, the trial
commenced. To prove its case, prosecution has got examined 16 witnesses.
Statement of accused persons under Section 313 Cr.P.C. were recorded.
Thereafter, on the conclusion of the trial, learned trial Court after hearing
both the sides and appreciating the evidence, acquitted the accused-
respondents No.2 to 4 from the charges framed against them vide impugned
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judgment dated 28.01.2025. Aggrieved by the same, the
appellant/complainant has approached this Court by way of filing the
present appeal.
SUBMISSIONS OF LEARNED COUNSEL FOR THE APPELLANTS:
3. It has been vehemently contended by learned counsel for the
appellant/complainant that learned trial Court has miserably failed in
appreciating the evidence on record. She submits that allegations against
accused/respondents No.2 to 4 are specific and serious in nature. She
submits that the learned trial Court failed to appreciate the direct and
credible testimonies of the injured complainant, namely, Harnek Singh (PW-
4) and eye-witnesses, Rajat Kumar (PW-2) and Naresh Kumar (PW-3),
which clearly established the involvement of the accused in the commission
of offence. She submits that the learned trial Court has observed that there
was delay of four days in lodging of the FIR. However, the delay occurred
because the injured were undergoing treatment and the police was informed
about the incident promptly. She submits that the offence under Section 307
IPC is made out against accused/respondents No.2 to 4 as actual injury is
not necessary for constituting the offence, the intention to cause death can
be seen as well. She submits that as per medical reports it is clearly
established that the appellants have suffered serious injuries with a
deliberate attempt to cause death. She, thus, submits that learned trial Court
failed to appreciate the settled legal position and the evidence on record
while acquitting the accused/respondents No.2 to 4. Therefore, the opinion
drawn by learned trial Court in acquitting the accused being perverse,
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CRA-AD-82-2025 -4-
set aside
deserves to be and accused-respondents No.2 to 4 be convicted for
the charges framed against them.
SUBMISSIONS OF LEARNED STATE COUNSEL:-
4. Learned State counsel submits that though the prosecution had
led evidence before the trial Court, however, learned Additional Sessions
Judge, Ambala, on appreciation of the entire evidence passed an order of
acquittal.
ANALYSIS AND FINDINGS OF THE COURT:
5. Having heard the submissions made by counsel for the
appellant and perused the material available on record, this Court finds that
learned trial Court has carefully appreciated the evidence brought on record
and has rightly extended the benefit of doubt to the accused/respondents
No.2 to 4. There is an unexplained delay of 09 days in lodging of the FIR as
alleged incident took place on 12.04.2018, whereas, the FIR was lodged on
22.04.2018. There is no satisfactory explanation furnished by the appellants for
such an inordinate delay. The appellants in FIR, have stated that accused
persons had hit their car from backside of the motorcycle on which
complainant was riding due to which Harnek & Naresh fell in ditches,
whereas, Rajat fell on the road and suffered injuries. Thereafter, accused
persons ran away from the spot. However, while appearing in witness box,
these witnesses have improved their version and have stated that accused
persons had premeditatedly planned to kill the complainant and in
pursuance of which, accused persons hit their car from backside of the
motorcycle with intention to kill the appellants. However, the prosecution
has failed to produce any of such evidence to prove that accused persons in
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a premeditated manner planned to kill the complainant. As alleged, accused
persons are cousin brothers of the persons whose cases are pending, but
there is no evidence on record to prove such fact. The complainant himself
admitted that he had previous enmity with accused persons, however, the
FIR was lodged after four days from the date of alleged occurrence. Perusal
of MLRs of complainant & injured persons transpire that after the incident,
they were conscious and were responding to doctors. In both MLRs, it is
mentioned that complainant & injured persons were brought to hospital
after a road side accident. It is no where mentioned in the MLRs that
accused persons had assaulted them or intended to kill them. Despite being
conscious and having sufficient time to narrate the occurrence, the
complainant and injured persons failed to disclose the relevant facts. It is
stated by learned State counsel along with learned counsel for the
complainant before the trial Court that medical ruqa was sent on the same
day of the incident. However, there is no such document on file to show that
police had received medical ruqa on the same day. Prosecution relied upon
the MLCs prepared by doctor. In the present case, in MLCs, it is written that
ruqa be sent. However, there is no evidence on record that whether ruqa was
sent or not. Moreover, there is no evidence on record to show that the
accused persons had an intention to kill the complainant as they only hit the
motorcycle once. There is no such allegation that after hitting the car from
back side of the motorcycle, accused persons had again hit or tried to hit the
complainant simultaneously or that the accused persons had taken any other
action against the complainant party. Even when they were in injured
condition. In the FIR, the complainant did not mention whether the lights of
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the car were on or off at the time of the occurrence. However, while
appearing in the witness box, PW2 to PW4 stated that the accused persons
had switched on the car lights. Thus, if the respondents/accused persons had
any intention to kill or injure the appellant, there was no reason for them to
switch on the lights and reveal their identity, rather, they would have tried to
conceal their identity and escape from the spot. There was no other act
which shows the intention of the respondents was to kill the complainant.
Moreover, Rajat Kumar, Naresh Kumar and Harnek Singh are stated to be
eyewitnesses to the occurrence, they have made several material
improvements in their statements while appearing before the Court.
6. It is well settled that in an appeal against acquittal, the appellate
Court should not interfere merely because another view is possible. Unless
the findings recorded by the trial Court are perverse, unreasonable, or based
on misappreciation of evidence, the order of acquittal does not warrant
interference. The evidence on record does not conclusively establish the
essential ingredients of the offence under Sections 307 and 325 read with
Section 34 of IPC. Learned trial Court has rightly considered the
circumstances and discrepancies appearing in the prosecution evidence
while acquitting the accused.
7. As per the law settled, the appeal against conviction and that
against acquittal rests entirely on different pedestal. As per the criminal
jurisprudence, every accused is presumed to be innocent until proven guilty.
As per the law settled by Hon'ble Supreme Court, once the accused is
acquitted by the Court of law, there lies double presumption of innocence in
his favour. Hence, an Appellate Court should not disturb the findings of
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acquittal arrived at by the trial Court in a cavalier manner and it is only in
case of perversity of the findings, the Appellate Court should interfere in the
acquittal order passed by the trial Court. In Jafarudheen and others vs
State of Kerala 2022 SCC Online SC 495, it is held that Appellate Court
has to be relatively slow in reversing order of trial Court rendering acquittal,
relevant para of the same reads thus:
“25. While dealing with an appeal against acquittal by
invoking Section 378 of the Cr.P.C., the appellate Court has to
consider whether the trial Court's view can be termed as a possible
one, particularly when evidence on record has been analyzed. The
reason is that an order of acquittal adds up to the presumption of
innocence in favour of the accused. Thus, the Appellate Court has to
be relatively slow in reversing the order of the Trial Court rendering
acquittal. Therefore, the presumption in favour of the accused does
not get weakened but only strengthened. Such a double presumption
that enures in favour of the accused has to be disturbed only by
thorough scrutiny on the accepted legal parameters.”
8. In Sadhu Saran Singh Vs. State of U.P. and others , AIR 2026
Supreme Court 1160, learned Appellate Court has held as under:-
18. Generally, an appeal against acquittal has always been altogether on a
different pedestal from that of an appeal against conviction. In an appeal
against acquittal where the presumption of innocence in favour of the
accused is reinforced, the appellate Court would interfere with the order of
acquittal only when there is perversity of fact and law. However, we
believe that the paramount consideration of the Court is to do substantial
justice and avoid miscarriage of justice which can arise by acquitting the
accused who is guilty of an offence. A miscarriage of justice that may
occur by the acquittal of the guilty is no less than from the conviction of
an innocent. This Court, while enunciating the principles with regard to
the scope of powers of the appellate Court in an appeal against acquittal,
in the case of  Sambasivan and Others V. State of Kerala , (1998) 5 SCC
412, has held :
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“The principles with regard to the scope of the powers of the
appellate Court in an appeal against acquittal are well settled. The
powers of the appellate Court in an appeal against acquittal are no
less than in an appeal against conviction. But where on the basis of
evidence on record two views are reasonably possible the appellate
Court cannot substitute its view in the place of that of the trial
Court. It is only when the approach of the trial Court in acquitting
an accused is found to be clearly erroneous in its consideration of
evidence on record and in deducing conclusions therefrom that the
appellate Court can interfere with the order of acquittal”.
9. Weighing the facts and circumstances of the present case on the
anvil of law settled, this Court finds no perversity in the order passed by the
trial Court. Therefore, the view taken by learned trial Court cannot be said
to be perverse or contrary to the evidence available on record. The
impugned judgment of acquittal is based on proper appreciation of evidence
and does not call for any interference by this Court. Consequently, the
appeal against acquittal, being devoid of merit, is dismissed.
(RAJESH BHARDWAJ)
JUDGE
31.10.2026 (PUJA CHOPRA)
m.sharma
JUDGE
Whether Speaking/Reasoned : Yes/No
Whether Reportable : Yes/No
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