D. C. GHEEWALA, R. J. SHAH, J. ( 1 ) (IN an appeal against acquittal by the State in a murder incident which happened in Raipur Locality in Ahmedabad City in a broad day light the Honble Judge discussed the evidence allowed the appeal filed by the State against acquittal of accused Nos. 1-2 and convicted them of offences punishable under sec. 302 of the Indian Penal Code and sentenced them to imprisonment for life. During the course of the judgment His Lordship made the following observations: ). ( 2 ) BEFORE parting with this appeal we would like to put on record our deep concern regarding some of the alarming features that have come to light during the hearing of this appeal. We feel sorry to have to note that the moral fibre of our people has gone to almost an all- time-low/level. In a thickly populated area like Raipur Chakla a ghastly murder has been committed on the road. 15 out of 33 witnesses examined in this case have turned hostile to the prosecution. These 15 witnesses include all the 3 eye witnesses and even a child witness aged about 13. These witnesses seem to have been scared out of their wits on noticing the cruel fate that had been meted out to the deceased. Where witnesses should have disclosed courage only cowardice is noticed: and if this tendency continues then the day will not be far when anti- social and bully elements in the society will gain an upperhand and make it impossible to move with confidence and safety even during daytime. It is therefore absolutely essential that there should be an increasing awareness in the members of the public regarding this aspect of the matter. Our experience shows that in such cases the witnesses are either scared away or won over. Therefore in such matters the case is really not fought in courts of law on evidence but is fought elsewhere before it enters the threshold of courts; and what subsequently takes place in a court of law is flourish of language show of astute cross-examination and an idle and fruitless postmortem resulting in tremendous waste of public time and money. In either case the resultant effects are wholly detrimental to the interests of the society in general. In either case the resultant effects are wholly detrimental to the interests of the society in general. It cannot therefore be over emphasised that such an awareness should come at the earliest in the best interest of all concerned. So far as investigating agencies are concerned they should also not lose sight of this should show greater vigilance and should carry out honest fair and complete investigation which inspires confidence in all concerned. So far as courts are concerned conscientious efforts have to be made to separate the grain from the chaff; and recourse to any short cut on the one hand may prove to be suicidal and on the other may result in unintended injustice. .