R. J. SHAH, J. ( 1 ) THE result is that a brutal and ghastly murder goes unavenged. The evidence of Dr. Acharya P. W. 2 Exhibit 14 clearly shows that a vehicle had run over the deceased to start with bringing about several fractures and bruises and thereafter he was done to death by gun-shots. The investigation carried out in this case does not inspire much confidence. The so-called eye-witnesses do not seem to be witnesses who have actually witnessed the incident and it seems that the investigating agency in the present case has been obsessed by the idea that in a murder case they must come out with eye-witnesses and in the absence of genuine eye-witnesses eye-witnesses should be procured. It further seems that since investigating agency has started with the idea of furnishing eye-witnesses they have not pursued all avenues in the direction of circumstantial evidence in a case such as the present. We do not find anything on the record to show that the investigating agency has recorded the statements of witnesses with a view to establish the movements of the accused who is residing in a different village near about the time of the incident. So far as the vehicle is concerned pains have not been taken to establish that the dismantled parts of the jeep were actually those of the jeep bearing No. BML 9164. Pains have also not been taken to establish by recording statements of persons who have actually seen the accused driving the jeep on various occasions in the past to point in the direction that the accused was used to driving vehicles. It has come to our notice during the hearing as it had also come to the notice of the learned Sessions Judge that an effort was made by the Investigating agency to even withdraw copies of the case diary after the same had been produced in the Court. We are at a loss to understand as to why Such an attempt was at all made when the matter was before the learned Magistrate Bhachau. There is therefore some merit in the submission urged on behalf of the respondent that the same was only done with a view to bring about changes to suit the prosecution. We are at a loss to understand as to why Such an attempt was at all made when the matter was before the learned Magistrate Bhachau. There is therefore some merit in the submission urged on behalf of the respondent that the same was only done with a view to bring about changes to suit the prosecution. Investigation such as the above not only does not inspire confidence but also is open to criticism that it verges on dishonesty and brings about the unfortunate result that a brutal and ghastly murder passes unavenged ( 2 ) IN the result the appeal fails and is hereby dismissed. Appeal dismissed. .