S. I. JAFRI, J. ( 1 ) RAJU, alias, Rajesh has filed this appeal against his conviction under Section 302 Indian Penal Code and sentence of life imprisonment recorded by Sri Suresh Chand, District and Sessions Judge, Aligarh by his judgment and order dated 24. 4;1176. The deceased Smt. Vaid Mati was younger sister of the father of Rajesh appellant and was residing in her house situated about four furlongs from Police Station Kotwali Hathras. Her house was situated to the east of National High Way running between Aligarh and Hathras town. Towards the north and west of the houseof deceased Smt. Vaid Mati is the house of Sri Purvendra Gupta First Informant P. W. 2 which was being, constructed under the supervision of P. W. 3 Smt. Shanti Devi, his sister-in-law at the time of occurrence. The First Information Purvendra Gupta P. W. 2 was residing in his house situated in Mohalla Gali Sadabadian which lay at a distance of about six furlongs from the house of Smt. Ved Mati deceased. The western portion of the newly constructed house of P. W. 2 Purvendra Gupta also opens into the Sahan of Smt. Ved Mati. It is also said that adjacent to the house of P. W. 2 Purvendra Gupta, there are shops of various persons towards the western side. To the south of the house of Smt. Ved Mati deceased, is the house and open land of P. W. 3 Shanti Devi who is the sister-in, law of P. W. 2 Purvendra Gupta. The deceased Smt. Ved Mati used to live all alone inside her house as she was issueless and there was separation between her and her husband long before. The appellants father was the elder brother of Smt. Ved Mati and he used to reside in Calcutta. The appellant was unemployed and about a year before the murder, Smt. Ved Mati in order to held him and given some money to the appellant who had opened a cloth shop in the Town of Hathras but the business failed and the appellant returned back to Calcutta to live with his father. The prosecution case in brief is that at about 6 p. m. on 9th July, 1975, the deceased Soot. Ved Mati was sitting in her Sahan when the appellant arrived there. At that time P. W. 3 Soot. The prosecution case in brief is that at about 6 p. m. on 9th July, 1975, the deceased Soot. Ved Mati was sitting in her Sahan when the appellant arrived there. At that time P. W. 3 Soot. Santi Devi was also there arid she was busy in talking with Soot. Ved Mati. Soot. Ved Mati prepared tea for the appellant and also gave him something to eat on his arrival and also talked for sometime. Soot. Ved Mati, then, started to prepare food in the Sahan. P. W. 3 Soot. Shanti Devi continued to remain there while talking to the appellant and it is said that at about 8 a. m. the appellant asked for a sum of Rs. 100 from Soot. Ved Mati saying that he needed money for his backward journey to Calcutta but Soot. Ved Mati declined to give him any money as she had no money with her. She also politely rebuked him by saying that she had also given him money in the past. The accused lost his temper on the refusal of his aunt for giving him money and assaulted Soot. Ved Mati with a knife which he took out from the pocket of his pant. Both the deceased Soot. Ved Mati and Soot. Shanti Devi cried out for help but in the mean time the appellant inflicted five incised wounds on the person of Soot. Ved Mati and he also caused one knife injury to Soot. Shanti Devi when she tried to save Soot. Ved Mati. After causing injuries to Smt. Ved Mati deceased and Soot. Shanti Devi, the appellant tried to run a way towards the east but before he could run away, P. W. 2 Purvendra Gupta P. W. 5 Karam Singh P. W. 6 Pokh Pal and r. W. 7 Raj Kishore reached there and chased the appellant but the appellant made good his escape by jumping over the boundary wall which was to the east of the house. However, P. W. 5 Karam Singh could catch hold of the Bush- shirt of the appellant which got torn but the appellant managed to run away and after crossing the boundary wall, the appellant also threw the blood stained knife at a short distance from the boundary wall. The witnesses after chasing the appellant returned back to Soot. Ved Mati and found her in a critical condition. The witnesses after chasing the appellant returned back to Soot. Ved Mati and found her in a critical condition. She asked for water to drink and Soot. Shanti Devi P. W. 2 bandaged her wounds with a cloth and then she was taken to the Hospital on a rickshaw but she succumbed to her injuries on reaching the hospital After her death at the hospital, P. W. 2 Purvendra Gupta brought back the dead body to the house of the deceased and he kept the dead body in the Sahan. P. W. 2 Purvendra Gupta prepared of the occurrence and left for the Police Station and lodged his report Ex. Ka. 3 there at 9. 30 p. m. On the basis of the aforesaid report, P. W. 9 Gajraj Singh prepared the Chik report, copy of which is Ex. Ka-15 and he also registered a case in the General Diary, a copy of the same is Ex. Ka. 16. ( 2 ) P. W. 8 Pooran Chand, S. J. P. S. Kotwali Hathras took up the investigation of the case. The aforesaid case was registered in his presence at the police station. He accompanied the First Informant Purvendra Gupta to the house of Soot. Ved Mati deceased and reached there at about 10 p. m. He took down the statement of P. W. 2 Purvendra Gupta and prepared inquest report, copy of the same is Ex. Ea. 4 and sent the dead body of the deceased to the Mortuary Aligarh for postmortem examination through constables P. W. 4 Ramesh Chandra and Shamsad. With the help of the witnesses, he inspected the place of occurrence and prepared site plan Ex. Ea. 8. He also took in his possession the blood stained strings of the cot on which the dead body of Soot. Ved Mati was said to be kept after she has fallen on the ground on receiving the injuries. He also took the blood stained Dhoti of Soot. Ved Mati in his possession and sealed in there. The pillow on the cot was also found blood stained and part of it was also taken in possession and was sealed. In the Saban of the house at the place of occurrence, he also found blood stains and he took simple and blood stained earth and sealed separately. Ved Mati in his possession and sealed in there. The pillow on the cot was also found blood stained and part of it was also taken in possession and was sealed. In the Saban of the house at the place of occurrence, he also found blood stains and he took simple and blood stained earth and sealed separately. The torn bush-shirt of the appellant was also given to the Investigating Officer and he prepared memo and the bush-shirt is material Ex. I. He also found blood stained knife Ex. 2 in front of the gate of the deceased Soot. Ved Mati at a distance of about four paces from the place of. the occurrence and prepared the memo Ex. ka. 13. ( 3 ) P. W. 8 Pooran Chand, then recorded the statements of P. W. 3 Smt. Shanti Devi, P. W. 5 Karam Singh Gyadi, P. W. 6 Pokh Pal and P. W. 7 Raj Kishore after 1 a. m. on 10. 7. 1975. He also searched for the appellant but he was not found. Ultimately, the appellant Rajesh was arrested on 11. 8. 1975. ( 4 ) P. W. 1 Dr. Girish Bahadur examined the injury of Smt. Shanti Devi at 11 p. m. on 9. 7. 1975 and found the following injury on her person. True copy of the injury report is Ex. Ka. 1. One incised wound 1 c. m. x 1/2 c. m. x superficial muscle depth on the anterior and lateral part of left band palm. Fresh blood. In the opinion of the Doctor, the injury was simple in nature and was caused by some sharp edged object. The duration of the injury was about six hours. ( 5 ) THE autopsy on the dead body of Smt. Vcd Mati was conducted at 4. 30 p. m. on 10. 7. 1975 by P. W. 10 Dr. G. D. Tripathi. True copy of the post-mortem report is Ex. Ka. 2. He found the following ante-mortem injuries on her person: 1. Incised wound with sharp tapering ends and averted margins, measuring 1,1/4 x 1/6"x 7 on the back, 2 or 3"below the base of the neck between the two shoulder blades. 2. Incised wound 1/4"x /2"x muscle deep 1,1/2 above the left elbow joint on left upper arm. 3. Incised wound ITI x 1/2 x muscle deep 2,1/2"above the inner side of left elbow. 4. 2. Incised wound 1/4"x /2"x muscle deep 1,1/2 above the left elbow joint on left upper arm. 3. Incised wound ITI x 1/2 x muscle deep 2,1/2"above the inner side of left elbow. 4. Incised wound 1,1/2 x 1/2"x muscle deep running from inner side of the base of left little finger and proceeding towards the middle of palm. 5. Incised wound 1/2"x 1/4"x finger pulp deep on the tip of left middle finger on the palmer side. According to the opinion of Doctor, the death of Smt. Ved Mati was due to shock and hacmorrhage resulting from Injury No. 1. 5. After completing the investigation P. W. 8 Pooran Chand submitted charge-sheet against the accused in the Court. ( 6 ) THE appellant pleaded not guilty to the charge and stated that he was falsely implicated in the case at the instance of P. W. 2 Purvendra Gupta who was intimated with Smt. Ved Mati and the appellant had also quarrelled with him two or three times. ( 7 ) WE have heard Sri Palok Basu, the learned counsel for the appellant and also the learned Government Advocate for the State at a great length and we are of the view that the conviction recorded by the trial Court, cannot be sustained and the appellant must be acquitted. ( 8 ) IN support of the case, the prosecution examined 10 witnesses, namely, P. W. 1 Dr. Girish Bahadur, P. W. 2 Purvendra Gupta, PW. 3 Smt. Shanti Devi P. W. 4 Rameshchand. P. W. 5 Karam Singh, P. W. 6 Phokh Pal, P. W. 7 Raj Kishore, P. W. 8 Pooran Chand, P. W. 9 Gaj Raj Singh, P. W. 10 Dr. G. D. Tripat hi. Besides this, the trial Court examined three witnesses on the request of the prosecution, namely, C. W. 1 Pahalwan Singh, C. W. 2 Virendra Singh and C. W. 3 Genda Lal. Out of the witnesses mentioned above P. W. 2 Purvendra Gupta, P. W. 3 Shanti Devi, P. W. 5 Karam Singh, P. W. 6 Pokh Pal P. W. 7 Raj Kishore are the witnesses of ihe occurrence. These witnesses have stated that they saw the accused attacking Smt. Ved Mati with a knife. Out of the witnesses mentioned above P. W. 2 Purvendra Gupta, P. W. 3 Shanti Devi, P. W. 5 Karam Singh, P. W. 6 Pokh Pal P. W. 7 Raj Kishore are the witnesses of ihe occurrence. These witnesses have stated that they saw the accused attacking Smt. Ved Mati with a knife. ( 9 ) P. W. 2 Purvendra Gupta stated that at the time of occurrence, it was present in his new house which was being constructed adjacent to the house of the deceased Smt. Ved Mati and on hearing the cries of Smt. Ved Mati deceased and his sister in law P. W. 3 Smt. Shanti Devi, he entered the Sahan of Smt. Ved Mati where he found the appellant assaulting the deceased Smt. Ved Mati with a knife Ex. 2 and when his sister-in-Jaw Shanti Devi P. W. 3 wanted to save Smt. Ved Mati, she also received knife injury on her palm. He also stated that the appellant ran away from the place of occurrence leaving the blood stained knife at a distance of 5 or 6 paces from the boundary wall of the deceased. He also identified the knife Ex. 2 as the same weapon of assault which was used by the appellant in inflicting injuries on Smt. Ved Mati and P. W. 9 Shanti Devi. He had also stated that he saw the occurrence in the electric light as two bulbs of 100 Watts were lighted at that time, one of them was at the door of the room of the deceased and the other was lighted at the door of his newly constructed house. He found Smt. Ved Mati lying on the ground in the Sahan and then he with the help of Smt. Shanti Devi put the deceased on the cot. The deceased asked for water and Smt. Shanti Devi gave her water. He also stated that he called for a Rickshaw and on that Rickshaw, he along with Shanti Devi put Smt. Ved Mati in injured condition and brought her to the hospital. In the process, his clothes and the clothes of Smt. Sbanti Devi were smeared with blood. On reaching the Hospital Smt. Ved Mati succumbed to her injuries. After the death of Smt. Ved Mati in the Hospital. people who were collected there advised him to take the dead body back to the deceaseds house. In the process, his clothes and the clothes of Smt. Sbanti Devi were smeared with blood. On reaching the Hospital Smt. Ved Mati succumbed to her injuries. After the death of Smt. Ved Mati in the Hospital. people who were collected there advised him to take the dead body back to the deceaseds house. Therefore, he alongwith Smt. Shanti. Devi took the dead body of Smt. Ved Mati to her house and left the dead body in the Sahan of the deceased. He also admitted that police station lies at a distance of about two furlongs from the hospital. He also admitted that the place of occurrence lay to the north of the police station. He has also admitted that if one goes from the place of occurrence to the hospital, the hospital lies in between the way. He stated that after keeping the dead body in the Sahan of the deceased he wrote down the F. I. R. Ex. Ka. 3 and went to the police Station alone and handed over his report to the Head Constable at the police station and then he returned to the place of occurrence alongwith P. W. 8 Pooran Chand Investigating Officer who took down his statement at the place of occurrence. He also identified knife Ex. 2 before the Court during his evidence and stated that this was the same knife which was used by the appellant in causing injuries to Smt. Ved Mati and Smt. Shanti Devi. It may be noted that P. W. 10 Doctor G. D. Tripathi stated in his evidence that knife Ex. 2 alleged to have been recovered by the Investigating Officer shortly after the occurrence is not the same knife with which the injuries on the body of Smt. Ved Mati were inflicted as the blade of the weapon with which Smt. Ved Mati was attacked, must have been 7 inch long but the blade of the knife Ex. 2 is not more than 4 inches long. The Doctor also stated that both the edges of the blade of the weapon used by the assailant must have been sharp but knife Ex. 2 has only one sharp edge. Moreover, Doctor G. D. Tripatbi found injury No. 1 of the deceased Smt. Ved Mati 7 inch deep. 2 is not more than 4 inches long. The Doctor also stated that both the edges of the blade of the weapon used by the assailant must have been sharp but knife Ex. 2 has only one sharp edge. Moreover, Doctor G. D. Tripatbi found injury No. 1 of the deceased Smt. Ved Mati 7 inch deep. In view of the definite opinion of the Doctor, based on his observation of external and also internal examination of the injuries of the deceased during the post mortem examination, the trial court came to the finding that injury No. 1 of the deceased Ved Mati found by Doctor Tripathi at the time of post mortem Examination was not inflicted by the knife Ex. 2 as this injury No. 1 was 7 inches deep. The trial court overlooked this conflict between the medical and oral evidence by observing that the investigating officer might have planted this knife Ex. 2 in order to give strength to the prosecution case and therefore, on account of this conflict, no adverse inference can be drawn against the reliability of the oral testimony in this case. It may be noted that P. W. 2 Purvendra Gupta had identified the weapon Ex. 2 before the trial Court during his evidence and he had stated in clear words that Ex. 2 is the same knife with which the deceased was assaulted by the appellant. So the testimony of P. W. 2 Purvendra Gupta is clearly belied by the medical evidence as Ex. 2 was not capable of causing Injury No. 1 to Smt. Ved Mati deceased and, therefore. this part of the evidence of P. W. 2. Purvendra Gupta bas become so much doubtful, that his presence at the place of occurrence has become highly suspicious. It may further be noted that admittedly Purvendra Gupta was residing at the time of occurrence in his old house situated in Mohalla Sadabadian with his wife and children though be stated that sometimes he also used to pass nights in the house which was being constructed at the time of occurrence under the supervision of his sister-in-law Smt. Sbanti Devi P. W. 3. Therefore, his presence in his house which was being constructed adjacent to the house of the deceased at the time of occurrence also appears to be doubtful. Therefore, his presence in his house which was being constructed adjacent to the house of the deceased at the time of occurrence also appears to be doubtful. P. W. 2 Purvendra Gupta in his evidence stated that at the time of occurrence, electricity was available at the scene of occurrence as two bulbs of 100 watts were lighted there but in the First Information Report which he drafted after returning from the hospital in his house, he did not mention there about the presence of light Therefore, the introduction of electric light in his statement during his evidence in the Court also appears to be an after thought. ( 10 ) MOREOVER, the conduct of Sri Purvendra Gupta in taking the dead body of the deceased Smt. Ved Mati from the hospital to the house of the deceased and not proceeding to the Police Station which, according to him, was situated at a short distance of about two furlongs, is also surprising. In answer to a question put to him during his evidence, as to why he did not proceed to the police station after the death of the deceased Smt. Ved Mati in the Hospital, he replied as under: Haspatal ke Kisi Dhi Admi Ne Hamko Lash Le Jane ko Mana Nahi Kiya. Haspatal Se Thana Dakhin Ki Taraf do Furlong Door Hai. Jaye Vakua Thane Se Uttar Taraf Hai. Ghatna Isthal Se Thana Jane Me Haspatal Rasle Me Parega. Sab Logon Ne Kaha Ki Lash Ghar Le Jao. Isliye Mai Haspatal Se Sidha Thane Nahin Gaya. Haspatal Me Bhi Mujhe Dhyan Tba Ki Mai Thane Me report Karoonga. It appears that P. W. 2 Purvendra Gupta took the dead body of the deceased back to her house in order to draft the First Information Report after consultation and deliberations and, therefore, this. abnormal conduct of Purvendra Gupta in not proceeding to the nearby Police Station from the Hospital for lodging the First Information Report throws a lot of suspicion about the genuineness of the First Information Report Ex. Ka-3 which he later on handed over to the. Head Constable P. W. 9 Gajraj Singh at 9. 30 p. m. at the Police Station. Ka-3 which he later on handed over to the. Head Constable P. W. 9 Gajraj Singh at 9. 30 p. m. at the Police Station. In view of the inherent defects pointed out above in the evidence of P. W. 2 Purvendra Gupta, his presence is doubtful at the time of occurrence and no reliance can be placed on his testimony for the conviction of the appellant in this case. Moreover, the defence suggestion to Purvendra Gupta in his evidence that he was detained at the Police Station during night on suspicion and was let off by the police in the morning after greasing the palm of the police does not appear to us without substance as according to the statements of all the witnesses they were interrogated by the Sub-Inspector at about dawn next morning. 1;be delayed examination of the eye-witnesses by the Investigating Officer next day of the occurrence shows that during the intervening period the witnesses were being procured for building the prosecution case. Even according to the Investigating Officer, he reached the place of occurrence at about 10 p. m. the same night but after recording the evidence of P. W. 1 Purvendra Gupta, he bad deferred the interrogation of the remaining eye-witnesses till after 1 a. m. as he kept himself busy in preparation of inquest, site plan and various memos in connection with the recovery of blood stained earth, pillow, knife, etc;, at the place of occurrence. The investigating Officer must record the statements. of eye-witnesses of the occurrence at the earliest opportunity after the registration of the case at the Police Station and if he deliberately defers to record their statements for considerable long period after reacting the place of occurrence and keeps himself busy in trivial matters, the evidentiary value of the statements of witnesses so recorded subsequently is much diminished so much so that even the presence of such witnesses at the place of occurrence becomes doubtful as the complainant gets an opportunity to procure witnesses during the interval in support of his case. To ensure confidence, the Investigation must be above board. It must be prompt, fair and impartial. If the Investigating Officer deliberately avoids to record the statements of eye-witnesses with promptness, the Investigation becomes suspect and tainted and it does not inspite confidence at all and the noble purpose of investigation becomes frustrated. To ensure confidence, the Investigation must be above board. It must be prompt, fair and impartial. If the Investigating Officer deliberately avoids to record the statements of eye-witnesses with promptness, the Investigation becomes suspect and tainted and it does not inspite confidence at all and the noble purpose of investigation becomes frustrated. ( 11 ) P. W. 3 Smt. Shanti Devi who is the widowed sister-in -Ia w of P. W. 2 Purvendra Gupta, also claims to have received injury another on her palm by the appellant while she tried to save Smt. Vedmati. She stated that the appellant came to the house of the deceased Ved Mati in her presence at about 6 p. m. on the date of occurrence and Smt. Ved Mati offered him tea and other eatables and, then, Smt. Ved Mati became busy in preparing dinner for the appellant. At about 8 p. m. , the appellant demanded Rs. 100 or Rs. 200lfrom his Anut Smt. Ved Mati for going back to Calcutta but Smt. Vedmati refused to give him money whereupon the appellant took out knife from the pocket of his pant and gave knife blows on the person of the deceased Smt. Ved Mati and when Smt. Shanti Devi wanted to save her the appellant also caused knife injury on the left hands palm of Smt. Shanti Devi P. W. 3 Smt. Shanti Devi is the widow of the elder brother of Purvendra Gupta P. W. 2 and therefore, she is under the influence of P. W. 2 Purvendra Gupta. No doubt, the presence of injury on the person of a witness prima facie establishes the presence of the witness at the time of occurrence but in this case there are various circumstances on the record which make the injury of Smt. Shanti Devi highly suspicious. Smt. Shanti Devi has admitted in her evidence that after the occurrence she went to the hospital alongwith his brother-in-law Purvendra Gupta and the deceased Smt. Ved Mati who though injured was alive at that time but she succumbed to her injuries in the hospital and after the death of Smt. Ved Mati she alongwith her brother-in-law Purvendra Gupta and with the dead body of Smt. Ved Mati returned back to the house of Smt. Yed Mati without getting herself examined in the hospital. There is no reason as to why Smt. Shanti Devi, being injured, did Dot get herself examined in the Hospital. Moreover, she again did Dot go to the hospital for getting herself examined when her brother-in-law P. W. 2 Purvendra Gupta left for Police Station Hathras for lodging the First Information Report. It has come in the evidence that the Police Station Kotwali lies at a distance of about two furlongs from the house of Smt. Ved Mati deceased and the hospital falls on way to police station in the northern direction. Even Smt. Shanti Devi who admittedly is an educated lady and also a teacher in the local school, would have herself gone to the hospital for medical examination. In the normal course of conduct, Smt. Shanti Devi who was injured, could have accompanied her brother-in-law Purvendra Gupta to the Police Station Kotwali when Purvendra Gupta P. W. 2 went there for lodging the First Information Report got herself medically examined at the Hospital but this was not done by P. W. 3 Shanti Devi. If she had gone there at the police station alongwith her brother-in-Jaw, her injury must have been seen and noted by the Head Constable P. W. 9 Gajraj Singh in the General Diary. It appears that Smt. Shanti Devi purposely avoided for going to the police station at the time of lodging of First Information Report alongwith P. W. 2 Purvendra Gupta as at that time there was no injury on the palm of Smt. Shanti Devi. It may further be noted that P. W. 8 Pooram Chand Investigating Officer did not state anywhere in his statement that he sent Smt. Shanti Devi for medical examination to the hospital. He had also not stated that he had seen the injury of Smt. Shanti Devi on reaching the place of occurrence. It may further be noted that P. W. 8 Pooram Chand Investigating Officer did not state anywhere in his statement that he sent Smt. Shanti Devi for medical examination to the hospital. He had also not stated that he had seen the injury of Smt. Shanti Devi on reaching the place of occurrence. ( 12 ) IT may be noted that Pooran Chand P. W. 8 has stated that the case was registered in his presence at the Police Station and after recording the statement of P. W. 9 Gajraj Singh, Head Constable, at the Police Station, he started for the place of occurrence alongwith Purvendra Gupta P. W. 2 and reached the place of occurrence at 10 P. M. and after recording the statement of P. W. 9 Purvendra Gupta be then, became busy in preparing Panchayarnama, site plan and various recovery memos and he, then recorded the statements of Smt. Shanti Devi and other eyewitnesses after about 1 A. M. in the intervening night of 9/10. 7. 1975. ( 13 ) P. W. 8 Pooran Chand S. I. has admitted that when he reached the place of occurrence, he did not find the witnesses at the scene of occurrence. According to his statement, he recorded the statement of P. W. 2 Purvendra Gupta at about 10 P. M. on reaching the place of occurrence but he started recording the statement of Smt. Shanti Devi and other eye-witnesses of the occurrence after about 1 A. M. It it surprising why even the statement of Smt. Shanti Devi was Dot recorded immediately after recording the statement of Purvendra Gupta P. W. 2 which was recorded by him at about 10 P. M. if Smt. Shanti Devi P. W. 3 was available there in injured condition. Moreover, there is no document on record to show as to how Smt. Shanti Devi reached Bagla Civil Hospital Hathras for medical examination alongwith constable Siya Ram of Police Station Hathras as the injury report Ex Ka. 1 of Smt. Shanti Devi shows that she was produced before the Medical Officer Bagla Civil Hospital Hahtras at 11 P. M. on 9. 7. 1975 for medical examination. 1 of Smt. Shanti Devi shows that she was produced before the Medical Officer Bagla Civil Hospital Hahtras at 11 P. M. on 9. 7. 1975 for medical examination. Neither P. W. 8 Pooran Chand stated that he sent Smt. Shanti Devi for medical examination through constable Siya Ram on reaching the place of occurrence nor P. W. 9 Gajraj Singh Head Constable had stated that Smt. Shanti Devi was sent for medical examination by him through constable Siya Ram. How Constable Siya Ram took Soot. Shanti Devi for medical examination is shrouded with mystery. According to P. W. 8 Pooran Chand, he recorded the statement of Smt. Shanti Devi at about 1 A. M. in the intervening night between 9/10. 7. 1975. Moreover, the prosecution did not examine constable Siya Ram of Police Station Hathras to show as to how and under whose directions and from where, he took Soot. Shanti Devi to the Hospital for Medical Examination. Soot. Shanti Devi had received, according to injury Report Ex. Ka-l, one incised wound superficial muscle drop the anterior and lateral part or her left hand palm. This injury is so superficial and minor in nature that it could be manufactured by a piece of glass or blade and in view of the circumstances as given above, the alleged injury of Soot. Shanti Devi appears to have been manufactured for the purpose of this case. The prosecution failed to give any explanation as to why injury of Smt. Shanti Devi was not examined at the earliest opportunity when she went to the Hospital alongwith Smt. Vedmati deceased. Besides this, even on the second opportunity she did not accompany her brother-in-law P. W. 2 Purvendra Gupta to the Police Station for lodging the first Information Report. She also did not go to the hospital on her own accord for medical examination and treatment to the hospital which was at a short distance from her house. Moreover, she was not available to the Investigating Officer Poor an Chand at the place of occurrence when he reached there at about 10 P. M. and it was after a long gap of about 3 hours that she made herself available for recording her statement to the Investigating Officer. Moreover, she was not available to the Investigating Officer Poor an Chand at the place of occurrence when he reached there at about 10 P. M. and it was after a long gap of about 3 hours that she made herself available for recording her statement to the Investigating Officer. If Smt. Shanti Devi was present at the place of occurrence when the Sub-Inspector reached there at about 10 P. M. there was not reason that the Sub-Inspector Pooran Chand would not have recorded the statement Smt. Shanti Devi P. W. 3 immediately after recording the statement of P. W. 2 Purvendra Gupta at about 10 P. M. Moreover, how Smt. Shanti Devi was produced before the Medical Officer at about 11 P. M. on 9. 7. 1975 by constable Siya Ram for medical examination is shrouded with mystery. Neither the constable Siya Ram was produced in this case to explain as to how he could produce Smt. Shanti Devi befpre the Medical Officer at 11 P. M. on 9th July 1975 nor the Investigating Officer stated in his evidence that he had himself seen the incised injury on the palm of left hand of Soot. Shanti Devi. ( 14 ) IT may further be noted that Smt. Shanti Devi did not state about the source of light at the place of occurrence in her statement recorded before the trial Court. Likewise there is also no mention of any light at the place of occurrence in the First Information Report. Therefore, the nonmention of light at the place of occurrence in her statement before the Court coupled with the nonmention of light in the First Information Report lodged by P. W. 2 Purvendra Gupta, the presence of light at the time of occurrence is highly doubtful. ( 15 ) IN view of the infirmities in the evidence of Smt. Shanti Devi as discussed above, her injury and also her presence at the scene of occurrence have become highly doubtful and no reliance as such can be placed on her testimony. ( 16 ) P. W. 5 Karam Singh Gyani has also been produced as eye-witness of the occurrence. He runs a restaurant in the shop of P. W. 2 Purvendra Gupta for the last four or five years and the shop lies on the back of the house of P. W. 2 Purvendra Gupta. ( 16 ) P. W. 5 Karam Singh Gyani has also been produced as eye-witness of the occurrence. He runs a restaurant in the shop of P. W. 2 Purvendra Gupta for the last four or five years and the shop lies on the back of the house of P. W. 2 Purvendra Gupta. He stated that at the time of occurrence, when he heard the alarm, he was making water in the lane and on hearing the cries he rushed towards the house of the deceased Smt. Ved Mati and from outside the boundary wall of the house of Smt. Ved Mati which was 4 to 5 feet high, he saw the appellant assualting Smt. Ved Mati and on seeing him, the appellant after crossing the wall, ran towards the brick kiln and at that time he clased and caught hold the bush-shirt of the appellant which was torn but the appellant made good his escape. He, then, went inside the Sahan of Smt. Ved Mati deceased and found Smt. Ved Mati in injured condition and also saw the injury in the hand of Smt. Shanti Devi. He also stated that ho handed over the torn bush-shirt of appellant which was left. in his hand to P. W. 2 Purvendra Gupta. He stated that he was also one of the Panches of the in quest of the deceased and that the Sub-Inspector had reached th6 scene of occurrence at about 9 or 9. 30 P. M. and the Sub-Inspector had recorded his statement at about dawn next day. It may be noted that on reaching the place of occurrence P. W. 8 Pooran Chand prepared the inquest report witnessed by P. W. Karam Singh Gyani and four others as Panches and after preparing the site plan during the night, the Sub-Inspector had recorded the first state ment of Karam Singh Gyani as a Panch witness only. However, the Sub-Inspector had stated that subsequently he again called Karam Singh Gyani and recorded his second statement as an eye-witness after recording the statement of Smt. Shanti Devi P. W. 3 after 1 A. M. There is no reason as to why in the first statement of Karam Singh Gyani recorded by the Investigating Officer, Karam Singh did not give his eye-witness account of the occurrence if really he had witnessed the occurrence of the assault on Smt. Ved Mati deceased. It appears that subsequently Karam Singh Gyani was made a witness by the Investigating Officer in league with P. W. 2 Purvendra Gupta for the purpose of this case as Karam Singh Gyani admittedly is a tenant of Purvendra Gupta. He bas also not mentioned in his statement that I any light (electric) was available in the Sahan of the deceased at the time of occurrence. Therefore, the evidence of P. W. 5 Karam Singh Gyani is also not worthy of reliance, and he appears to be got up witness being under the influence of P. W. 2 Purvendra Gupta. ( 17 ) THE next eye-witness is P. W. 6 Pokh Pal who is a Rickshaw Puller. He stated that he sometimes lives during night at the shop of Karam Singh Oyani P. W. 5. We have already held that Karam Singh Gyani P. W. 5 is under the influence Purvendra Gupta. Therefore, Pokhpal can also be procured with the convinance of P. W. 5 Karam Singh Gyani. P. W. 6 Pokh Pal stated that while he was standing with his Rickshaw in front of the carpentary shop of P. W. 7 Raj Kisbore, he heard the alarm raised by Smt. Ved Mati and so he reached the scene of occurrence where he saw the assault on the person of Smt. Ved Mati by the appellant. He also stated that Smt. Shanti Devi also received injury. He further stated that as soon as he reached near the gate of the house of Smt. Ved Mati deceased, the appellant after scaling the boundary wall which was 5 feet high, tried to run away and he alongwith Karam Singh and others gave him a chase and P. W. 5 Karam Singh Gyani could only catch hold of the bush-shirt of the appellant which was torn but the appellant managed to escape towards the brick-kiln. He has also stated that he used to take Smt. Ved Mati on his Rickshaw to the school daily. P. W. 3 Shanti Devi had admitted in her evidence that after the occurrence, her brother-in-law Purvendra Gupta P. W. 2 went out of the house in search of a Rickshaw and, then, brought a Rickshaw on which she and Smt. Ved Mati alongwith Purvendra Gupta went to the Hospital. P. W. 3 Shanti Devi had admitted in her evidence that after the occurrence, her brother-in-law Purvendra Gupta P. W. 2 went out of the house in search of a Rickshaw and, then, brought a Rickshaw on which she and Smt. Ved Mati alongwith Purvendra Gupta went to the Hospital. P. W. 2 Purvendra Gupta has also stated likewise that he went outside the house of Smt. Ved Mati deceased in search of a Rickshaw and brought it. It is highly surprising that if Pokh Pal P. W. 6 was already present at the time of occurrence, there was no occasion for P. W. 2 Purvendra Gupta for going outside the house in search of a Rickshaw for taking the deceased Smt. Ved Mati to the hospital. This circumstance clearly makes the presence of Pokhpal highly doubtful at the time of occurrence. Therefore, his evidence is also not reliable. ( 18 ) NOW the last witness PW. 7 Ram Kishore stated in his evidence that he keeps a carpentary shop on Aligarh Hathras Road at a distance of about 50 yards from the house of the deceased Smt. Ved Mati and at about 8 P. M. While he was sitting at his shop, he heard the noise whereupon be came near the boundary wall of the deceased Smt. Ved Mati and there, he saw the appellant assaulting Smt. Ved Mati with knife and Smt: Shanti Devi was trying to save her and on seeing him, the appellant crossed the boundary wall of the deceased and in the meantime witness Karam Singh Gyani tried to catch him but bush-shirt of the appellant was torn and it was left in the hands of Karam Singh Gyani but the. appellant made good his escape. It may be noted that this witness has also not stated before the trial Court about the presence of light at the scene of occurrence. Moreover, he did not state in his evidence before the Court that Smt. Shanti Devi P. W. 3 had received injury in the scuffle. He has also admitted that he has intimate relations with the First Informant P. W. 2 Purvendra Gupta. Therefore, in view of the infirmities shown in his evidence, it would not be safe to place any reliance on his testimony. Therefore, P. W. 7 Raj Kishore is also not a reliable witness. He has also admitted that he has intimate relations with the First Informant P. W. 2 Purvendra Gupta. Therefore, in view of the infirmities shown in his evidence, it would not be safe to place any reliance on his testimony. Therefore, P. W. 7 Raj Kishore is also not a reliable witness. ( 19 ) NOW coming to the evidence of P. W. 8 Pooran Chand Investigating Officer, it is stated that according to his statement, he reached the place of occurrence at about 10 P. M. alongwith First Informant Purvendra Gupta where he found the dead body of deceased Smt. Ved Mati lying in the Saban near the water tap. He, then, recorded the statement of Purvendra Gupta P. W. 2 and prepared the site plan and recovered knife Ex:. 2 near the place of occurrence and prepared various recovery memos. He also completed in question on the dead body of Smt. Ved Mati at about 11. 30 P. M. and then he started recording the statements of eye. witnesses, namely, Smt. Shanti Oevi and others after about 1 A. M. as according to him when he reached at about 10 A. M. the witnesses were not available at. the place of occurrence. It may be noted that the inquest on the dead body of the deceased was over by 11. 30 P. M. on 9-7-197 ). According to the statement of constable P. W. 4 Ramesh Chand, the dead body of the deceased Smt. Ved Mati was handed over to him for taking to the mortuary in the night at 11. 30 P. M. by the Sub Inspector but he actually started from Hathras with the dead body of the deceased for mortuary next morning at about 10 A. M. and reached the mortuary at Aligarh about 2. 30 P. M. He also admitted that it takes I, 1/2 hours in reaching mortuary from the place of occurrence and Aligarh lies at a distance of about 20 to 22 miles from Hathras. This undue delay in the despatch of the dead body to the mortuary from the place of occurrence speaks volumes about the conduct of the Investigating Agency. This undue delay in the despatch of the dead body to the mortuary from the place of occurrence speaks volumes about the conduct of the Investigating Agency. Though in re-examination P. W. 4 Ramesh Chand constable had stated that the corpse Van became out of order on way to Aligarh but this assertion of the constable is not supported by any documentary evidence, i. e. , G. D. entry of the Police Station Hathras or of the Police lines Aligarh where he must have reported on reaching Aligarh. This undue delay in sending the dead body to the mortuary, create reasonable doubt that the dead body was purposely detained at the place of occurrence in order to fabricate the prosecution case in league with the complainant Purvendra Gupta P. W. 2 and his witnesses, and therefore, it is abundantly clear that the conduct of the Investigating Agency was not above board in this case which casts doubt about the genuine ness of the prosecution case. It may further be noted that even the Sessions Judge had him self held that the conduct of the Investigating Officer in this case was not above board inasmuch as that the Subinspector had shown recovery of knife Ex. Ka. 2 on his own record in order to make the prosecution case more strong against the accused though the said knife Ex. 2 was not capable of causing injury No. 1 to the deceased and as such the Investigating Officer had planted knife Ex. 2 with blood stains on it to support the case as set up in the First Information Report. The conduct of P. W. 8 Pooran Chand Investigating Officer in planting blood-stained knife Ex. 2 and showing its recovery near the place of occurrence is highly condemnable. Furthermore, the late examination of P. Ws. Shanti Devi and others after 1 A. M. also shows his mala fide giving ample opportunity to the complainant Purvendra Gupta to procure witnesses during the long period of three hours. The Investigation, therefore, conducted by P. W. 8 Pooran Chand has become dishonest and tainted. P. W. 8 Pooran Chand has, thus, acted in a most irresponsible manner and his conduct is highly deplorable. The Investigation, therefore, conducted by P. W. 8 Pooran Chand has become dishonest and tainted. P. W. 8 Pooran Chand has, thus, acted in a most irresponsible manner and his conduct is highly deplorable. ( 20 ) HAVING considered all the facts and circumstances of the case as stated above we come to the irresistible conclusion that the prosecution bas failed to bring home the charge against the appellant and he must be acquitted. ( 21 ) IN the result, the appeal is, therefore, allowed. The conviction and sentence of the appellant recorded by the trial court are set aside. The appellant is on bail. He need not surrender. His bail bonds are discharged. Appeal allowed. .