Shimla – The Himachal Pradesh High Court has dismissed an appeal by the state government, challenging the acquittal of Krishan Kumar, who was accused of murdering Paras Ram in 2012.

 The appeal was filed against the decision of the Additional Sessions Judge, Fast Track Court, Kangra, at Dharamshala, which had acquitted Kumar on March 25, 2013.

The case revolves around an incident on February 10, 2012, where Paras Ram was found injured and later succumbed to his injuries.

The prosecution alleged that Kumar had assaulted Ram with a stick, leading to his death.

However, the initial reports from witnesses, including the victim's wife, Thakri Devi, indicated that Ram had fallen from the stairs, which was also recorded in the medical reports from the Ayurvedic Hospital in Paprola.

The trial court highlighted the delay in filing the FIR, which was registered three days after the incident, and the inconsistency in the witness statements.

The court noted that the earliest accounts given to medical personnel did not mention an assault but rather a fall from the stairs, which cast doubt on the prosecution's case.

Despite the recovery of a stick allegedly used in the assault, forensic tests did not find any blood on it, weakening the evidence against Kumar.

Additionally, other key witnesses did not support the prosecution's narrative during the trial.

The High Court, comprising Justices Vivek Singh Thakur and Rakesh Kainthla, reviewed the appeal and concluded that the trial court's judgment was reasonable based on the evidence presented.

The court emphasized the principle that an appellate court should not overturn an acquittal unless the trial court's decision was perverse or involved a significant misreading of evidence.

Ms. Seema Sharma, the Deputy Advocate General, argued for the state, asserting that the trial court had failed to properly evaluate the evidence and witness testimonies.

However, the defense, represented by Ms. Ranjana Pathania, maintained that the acquittal was justified given the inconsistencies in the prosecution's case.

In their ruling, the judges underscored the double presumption of innocence in favor of the accused following an acquittal.

They determined that the trial court's view was a possible conclusion from the evidence, and thus, there was no compelling reason to interfere with the acquittal.

The appeal was therefore dismissed, and Krishan Kumar's acquittal was upheld, bringing an end to the long-drawn legal battle over the 2012 incident.