JUDGMENT R.K. Shukla, J. - This Government Appeal has been filed on behalf of Delhi Administration, Delhi against the judgment and order dated 8.11.1975, passed by the Sessions Judge, Meerut, whereby he has acquitted the accused-respondent Mohinder Lal the elder son of Shanti Lal. 2. Brief facts of the prosecution case are that Sri Nitya Nand Dhawan, Advocate, deceased was formerly a Central Government Counsel and also the standing counsel for Delhi Administration. At the time when this murder took place on 6.3.73 he was also Secretary, Bar Association. Tis Hazari Courts, Delhi. Sri Shanti Lal, father of accused respondent Mohinder Lal, was Head Librarian of the said Bar Association, and a notice was issued to him by Sri Nitya Nand Dhawan on 10.10.72 informing him of his retirement. Four employees of the said Bar Association were retired for having attained the age of superannuation. Out of them three were re-employed but Shanti Lal father of accused-respondent was not re-employed, in spite of best efforts of accused-respondent Mohinder Lal and his father. 3. On 6.3.1978 Shri R.C. Verma, Advocate, who was Additional Secretary (Criminal) of the Bar Association, Tis Nazari Courts, was being married to the sister of Sri Bal Ram Malik, residing in Sadar Bazar, Delhi. The BARAT started from Rajauri Garden, where Sri R.C. Verma (P.W. 10) lives for Delhi Cautt About 80-90 Advocates were invited and a large number of them attended this Barat. Among those, who attended the Barat were Sri Nitya Nand Dhawan (deceased) Sri K.K. Sood (P.W. 3), Sri Harish Chandra (P. 6). Sri Subhash Chand Chug (P.W. 4), Sri H.R. Wadhwa, and Sri Dhian Singh, all Advocates, The Barat collected in front of a Gurdwara situated 8 or 10 Kilo Metres away. Sri Nitya Nand Dhawan was seen among the Baratis and he actually congratulated the bride-groom, Sri R.C. Verma. After the Barat collected it went on foot for about 3-4 furlongs to the house of Bride and the bride-groom went on a mare. On its way, there were Bhangara dance and music and the Barat reached at the reception gate in front of the house of Sri Bal Ram Malik at about 8.30 or 8.45 P.M. The MILANI ceremony was performed at the reception gate and while the relations of the bride-groom were busy in this ceremony. The rest of the Barat went in the PAN DAL for dinner. 4. Dr. The rest of the Barat went in the PAN DAL for dinner. 4. Dr. Nanak Chand Gupta (P.W. 1), who is a medical practitioner and has his dispensary in Sadar Bazar, Delhi Cantt. had also been invited by Sri Bal Ram Malik and had come to attend the reception from the side of bride. At about 9 P.M. when the Milani ceremony was over, Dr. Gupta thanked Sri Bal Ram Malik and was going to leave the place. While he was going to his car parked nearby, he met Sri Nitya Nand Dhawan, who was coming with his right hand on his chest and slightly bent forward, Nitya Nand Dhawan told Dr. Nanak Chand Gupta that he had been stabbed. When Dr. Gupta asked him, who had stabbed him, Sri Dhawan replied that the eldest son of Shanti Lal, Librarian had stabbed him and requested Dr. Gupta to take him to hospital at once. Dr. Nanak Chand Gupta told Sri Dhawan deceased that he was getting his car immediately and as he proceeded towards his car. Sri Dhawan met certain other lawyers standing near the reception gate. Sri K.K. Sood, Advocate (P.W. 3), who had reached at that very time had parked his car and as he reached at the reception gate, he met Subhash Chand Chug and Hans Raj Wadhwa and started talking with him. While these three lawyers were talking, Sri Nitya Nand Dhawan accosted Sri K.K. Sood and told him that the eldest son of Shanti Lal, Librarian had stabbed him and he should be rushed to the hospital. The car of Sri K.K. Sood was parked very ; (near the reception gate. He rushed to his car, opened the door and Sri Subhash Chug and Sri Hans Wadhwa helped Sri Dhawan inside the car and he was comfortably laid on the back seat of the car. As the car started, Sri K.K. Sood, Advocate again asked Sri Dhawan, who had stabbed him, on which Sri Dhawan repeated that the eldest son of Sri Shanti Lal, Mohinder Lal had stabbed. Sri K.K. Sood took Sri Dhawan to Military Hospital which was very near 10 Sadar Bazar and on reaching the hospital Sri Dhawan was taken to the M.I. Room. Lt. Col. Dr. B.R. Sharma examined Sri Dhawan in the M.I. Room and found him gasping and in a moribund condition. Sri K.K. Sood took Sri Dhawan to Military Hospital which was very near 10 Sadar Bazar and on reaching the hospital Sri Dhawan was taken to the M.I. Room. Lt. Col. Dr. B.R. Sharma examined Sri Dhawan in the M.I. Room and found him gasping and in a moribund condition. Before resuscitative measures could be given, Sri Dhawan expired and after satisfying himself the doctor declared him dead. 5. Dr. Nanak Chand Gupta had seen Sri Dhawan being taken by these three lawyers towards Military Hospital. Therefore, when he brought his car he informed to Mrs. Dhawan that Sri Dhawan had been injured and offered to take her to the hospital. Dr. Gupta took Mrs. Dhawan by his car to the Military Hospital and when they went to the M.I. Room got the information that Sri Dhawan had died. In the meantime Sri K.K. Sood had given telephonic message to the police station Delhi Cantt. that Sri Dhawan, Advocate had sustained knife injury and they had brought him to the Military Hospital. He made a request that some police official be sent to the hospital at once. 6. 15-20 minutes after the death of Sri Dhawan the police arrived in the hospital. The police party, which was led by Inspector Swarup Singh, S.H.O., Police Station Delhi Cantt. on arrival at the Military Hospital inquired about Sri K.K. Sood, who had given the aforesaid telephonic message ; but could not find out where he was. He, however, came to know that Sri Nitya Nand Dhawan had died and his dead body was kept in the M.I. Room. He went inside the M.I. Room, saw the dead body of Sri Dhawan and then he came out and inquired from Dr. Nanak Chand Gupta, who described the happening of this incident and the same was written out by S.I. Om Prakash Mehta (P.W. 19). This statement was treated as F.I.R. and sent to the police station with an endorsement that a case be registered under Section 302 I.P.C. special report be sent to the authorities and Dog Squad and crime team be summoned. After sending this report to the police station, Inspector Swarup Singh (P.W. 23) started the investigation of this case. He recorded statements of Dr. After sending this report to the police station, Inspector Swarup Singh (P.W. 23) started the investigation of this case. He recorded statements of Dr. Nanak Chand Gupta (P.W. 1) K.K. Sood (P.W. 3), Sri Subhash Chand Chug (P.W. 4) and Sri H.R. Wadhwa, and took these witnesses to the place where Barat had been received. He, however, was not able to find any blood there. Thereafter, he went to the house of Shanti Lal, Ex. Librarian of Bar Association, Tis Hazari Courts and from thereto the house of accused-respondent, B-49, Ramesh Nagar, Delhi. The accused was not in his house. Therefore, the I.O. waited for him till his return at about 1 A.M. The accused was rounded up by the I.O. and was taken to the Military Hospital. The crime team had arrived at the Military Hospital and the I.O. took the photographs of the car of Sri Sood in which Sri Dhawan was brought to the Military Hospital. 7. Thereafter, the I.O. went to the police station where S.P., South District had also arrived and started interrogating the accused-respondent. On being interrogated the accused-respondent admitted that he had thrown the knife with which he had committed this murder in a drain near the place where the Barat was received and offered to take the police party and get the knife recovered. The police started in a police jeep and reached Sadar Bazar near the place where there is a milk booth and Bus Stop. When the jeep was haulted, Dr. Nanak Chand Gupta reached there and the party went to the spot where Barat had been received. The I.O. prepared a site-plan with the help of witnesses and then left for the place from whereon the information given by the accused a knife, Ex. 7 was recovered from a drain. After this knife was got dried, it was photographed and then its outline was drawn on a paper and recovery memo was prepared in respect of it. A site-plan of the place of recovery was also prepared and the statements of Dr. Nanak Chand Gupta (P.W. 1) Irshad Ullah Khan, Advocate (P.W. 15) and Sri Bhupendra Singh, Advocate, witnesses of this recovery were taken. A site-plan of the place of recovery was also prepared and the statements of Dr. Nanak Chand Gupta (P.W. 1) Irshad Ullah Khan, Advocate (P.W. 15) and Sri Bhupendra Singh, Advocate, witnesses of this recovery were taken. The accused was then brought to the police station and was locked up, and the statements of Sri Dhian Singh (P.W. 5), Harish Chandra (P.W. 6) S.I. Om Prakash Mehta (P.W. 19) and Constable Karan Singh (P.W. 13) were recorded. Recovery memo of the articles, which had been given to the police was prepared. Sri Dhian Singh and Sri Harish Chandra, Advocates informed the I.O. that they had seen the accused, Mohinder Lal talking with Sri Nitya Nand Dhawan shortly before this stabbing. 8. On 9-3-1973 the I.O. examined Man-soor Husain (P.W. 8), Clerk to Sri Nitya Nand Dhawan deceased and on 12-3-1973 recorded the statements of H.C. Gajendra Singh and Constable Ram Kumar. On 13-3-1973 he recorded the statement of the Drafts man, who had prepared the blue print of the site-plan of the place where the Barat was received. On 24-3-1973 he recorded the statement of Sri Bhishma Deo Batra (P.W. 9) Vice-President Bar Association, Tis Hazari Courts and Prem Pal Mehrotra (P.W. 7), who had met the accused Mohinder Lal at the house of Sri Nitya Nand Dhawan some 5-6 days prior to this murder. On 26-3-1973 the I.O. recorded the statement of Dr. Bharat Singh (P.W. 2), Police Surgeon, who bad conducted the postmortem examination on the dead body of Sri Dhawan. He also got the opinion of the Police Surgeon, Dr. Bharat Singh whether Sri Dhawan could have been stabbed with the knife recovered on the pointing out of the accused, which is sought to be used under Section 27 of the Evidence Act. On 29-3-1973 he obtained a report from Lt. Col. Dr. B R. Sharma and on 16-4-1973 he examined A.S.I. Panna Lal, Photographer of the crime team. Sri R.C. Verma, Advocate (P.W. 10), who was married on 6-3-1973, and Sri Bal Ram Malik, whose sister was married to Sri R.C. Verma, on 19-4-1973 he examined S.I., Devendra Singh (P.W. 21), Drafts-man crime team and Head Constable Bhoj Singh (P.W. 20). Photographer, Accident Squad, Police Station Defence Colony, Thereafter he concluded the investigation and submitted a charge-sheet against the accused on 20-4-1973. 9. Photographer, Accident Squad, Police Station Defence Colony, Thereafter he concluded the investigation and submitted a charge-sheet against the accused on 20-4-1973. 9. The accused pleaded not guilty to the charge levelled against him and stated that for the last 13-14 years he had been living separately from his father, Shanti Lal. Therefore, 20-25 days after the retirement of his father he came to know that he had been retired by. Bar Association because he had reached the age of superannuation. He has also stated that he did not know that his father, Shanti Lal was sought to be retired in pursuance of a resolution passed by the Bar Association or that there were complaints against him and an inquiry committee was constituted to make a probe into these complaints, which gave a report that a detailed inquiry be made into the allegations against Shanti Lal, According to the accused, when he went to his father, he was told that the managing committee of the Bar Association had taken a decision that all those employees of the Bar Association, who had attained the age of superannuation he retired ; but he did not know that any notice was issued to his father by Sri Nitya Nand Dhawan deceased on 10-10-1972 informing him of his retirement. He has further stated that he did not know that four employees were retired for having attained the age of superannuation, and out of them three were re-employed ; but his father, Shanti Lal was not so re-employed on which he got sent a letter, Ex. Ka-7 to Sri Nitya Nand Dhawan deceased or that he wrote to Sri Dhawan that the Executive Committee of the Bar Association was not his appointing authority, therefore, the order of the Executive Committee was void in law and he was still in service. He has stated that he did not know whether his father, Sri Shanti Lal was head Librarian of the Bar Association or was incharge of any particular section or that he declined to take charge of the reserve section. He has stated that he did not know whether Sri Dhawan had given oral direction to his father that he should not sit under the ceiling fan in the lawyer's room upstair and should sit on his seat, which was resented by his father. He showed his ignorance about the letter sent by Km. He has stated that he did not know whether Sri Dhawan had given oral direction to his father that he should not sit under the ceiling fan in the lawyer's room upstair and should sit on his seat, which was resented by his father. He showed his ignorance about the letter sent by Km. Ektawazirani, Advocate, member incharge. Bar Association Library to Sri Dhawan deceased that since his father was absent from duty, he may be granted leave without pay or that the applications of his father requesting that he may be allowed to come to the office in between 9.45 to 10 A.M. were rejected, and the management of the Bar Association insisted that Shanti Lal should reach the office at 9.30 A.M. He has also showed his ignorance that on 2-6-1972 Sri Dhawan deceased asked certain questions from his father and obtained the reply. Ex. Ka-29. He has denied that some 5-6 days prior to this murder he went to the house of Sri Nitya Nand Dhawan and requested him to re-employ his father, Sri Shanti Lal in the Bar Association and told him that unless he was re-employed. His family would be exposed to disgrace and he has felt his retirement very much. He has further denied that he went in the marriage of the sister of Sri Bal Ram Malik or had a talk with Sri Nitya Nand Dhawan or that he took Sri Dhawan towards the bus standing there. He has also denied the recovery of knife on his pointing out and stated that the witnesses were falsely implicating him in this crime. The accused has produced nine witnesses in support of his defence. 10. The prosecution has examined 23 witnesses in support of its case, out of whom Dr. Nanak Chand (P.W. 1) is the witness of the first dying declaration and recovery of knife, Ex. 7 on the pointing out of the accused-respondent. He also lodged the F.I.R. Ex. ka 15. Sri Krishna Kumar Sood, Advocate P.W. 3 is the witness of the second dying declaration. He took Sri Dhawan deceased to Military Hospital in his car along with other Advocates. He gave the telephonic message, Ex. ka 14 to the Police Station Delhi Cantt. Sri Subash Chand Chug, Advocate (P.W. 4) is the witness of the second and third dying declaration. He took Sri Dhawan deceased to Military Hospital in his car along with other Advocates. He gave the telephonic message, Ex. ka 14 to the Police Station Delhi Cantt. Sri Subash Chand Chug, Advocate (P.W. 4) is the witness of the second and third dying declaration. He went in the car of Sri Sood along with the deceased and has fully corroborated the statement of Sri K.K. Sood. 11. Sri Dhian Singh, Advocate (P W. 5) and Sri Harish Chandra, Advocate (P.W. 6) have stated that they saw the accused talking to Sri Dhawan and both of them going towards bus stand before the occurrence. Sri Prem Pal Mehrotra, Adv. (P.W. 7) is the witness to the fact that some 5-6 days prior to this occurrence he had gone to the house of Sri Dhawan deceased at about 5 or 5.30 P.M. and found the accused coming out of the office of Sri Dhawan, who later on told him that the accused was son of Shanti Lal. Librarian and wanted re-employment of his father, which was declined by him. This witness has also proved the resolution of the Bar Association Ex. ka 10, applications of Shanti Lal dated 14.12.1972 and 7.1.1973, Ex. ka 6 and ka 7 and the recovery memo of the papers taken by the police from the Bar Association, Ex. ka 9. Sri Mansoor Husain is the clerk of Sri Nitya Nand Dhawan deceased. He has confirmed that 5-6 days prior to the murder, the accused did see Sri Dhawan deceased about re-employment of his father in the Bar Association. According to this witness the accused further told Sri Dhawan that because his father had not been reemployed while others had been re-employed. He had felt his retirement very much and felt disgraced. Sri Bhishma Deo Batra (P.W. 9) at the time of the occurrence was one of the Vice-Presidents of the Bar Association and at the time of evidence was the Secretary has proved a number of documents of which Ex. ka 9 is the recovery memo of the papers taken from the Bar Association. Ex. ka 10 is the resolution of the Bar Association recorded in the minute book. Ex. ka 27 is the report of the inquiry committee constituted to make a probe into the allegations against Shanti Lal, Ex. ka 28 is the proceeding of the inquiry committee Ex. Ex. ka 10 is the resolution of the Bar Association recorded in the minute book. Ex. ka 27 is the report of the inquiry committee constituted to make a probe into the allegations against Shanti Lal, Ex. ka 28 is the proceeding of the inquiry committee Ex. ka 29 is recorded interrogation of Shanti Lal, Ex. ka 30 is complaint by Sri J.R. Tandon, Advocate, Ex. ka 31 is complaint dated 25.7.1972 by Ved Prakash Diwan, Ex. ka 32 is complaint by W.C. Jain, Accountant of the Bar Association ; Ex. ka 33 is the complaint dated 24.7.1972 of Sri S.K. Luthra, Advocate Ex. ka 34 is complaint dated 29.7.1972 by Sri G.S. Oberoi, Advocate, Ex. ka 35 is complaint dated 24.7.1972 by Sri H L. Kapur, Advocate, Ex ka 36 is complaint dated 22.8.1972 by Sri S.C. Kalra, Advocate ; Ex. ka 37 is complaint dated 28.8.1972 by Sri M.M. Andley, Ex. ka 38 is complaint by Sri Balratn Singh, President Manager, Coffee House Workers Co-operative Society ; Ex. ka 39 is a memorandum served by Sri Dhawan on Sri Shanti Lal asking him to submit his written comments in respect of the complaint received against him : Ex. ka 30 is order of Sri Dhawan transfering Shanti Lal from the general section of the library to the reserve section ; Ex. ka 41 is a memorandum served on Shanti Lal in which it was stated that he had not attended the office in time to take charge of the reserve section of the library. He was asked to explain why disciplinary action be not taken against him. Ex. ka 42 is the leave application dated 3.6.1972 by Shanti Lal ; Ex. ka 43 is another application dated 5 6.1972 by Shanti Lal for adjustment of time: Ex. ka 44 is application of Shanti Lal in which he expressed his resentment against the orders of the Secretary asking him not to sit under the ceiling fan in the lawyers room upstairs. Ex. ka 45 is an application by Shanti Lal to the Secretary of the Bar Association for permission to reach the office in between 9.50 to 10 a.m. and offering to stay for half an hour late ; Ex. Ex. ka 45 is an application by Shanti Lal to the Secretary of the Bar Association for permission to reach the office in between 9.50 to 10 a.m. and offering to stay for half an hour late ; Ex. ka 46 is a memo served by Shri Dhawan on Shanti Lal on 2.6.1972 asking him not to sit underneath the fan in the lawyers room but to sit on the seat meant for him ; Ex. ka 47 is an application by Shanti Lal for 15 days leave, Ex. ka 48 is the letter dated 11.7 1972 by Km. Ektawazirani, Advocate Member Incharge of the library suggesting that because of his absence Shanti Lal leave be treated as without pay Ex. ka 48A is nothing by Sri Bansal, Advocate, on this letter and Ex. ka 48B it be note on it of Sri Dhawan ; Ex. ka 49 is a memo by Sri Dhawan asking Shantilal to explain why he refused to note his instructions : Ex. ka 49-A is the note by Shanti Lal on this memo : Ex. ka 50 is the letter dated 14.7.1972 by Shanti Lal in which he asked for medical leave ; Ex. ka 51 is letter dated 24.7.1972 by Sri Dhawan asking him to take charge of reserve section of the library Ex. ka 52 is the letter dated 25.7.1972 by Shanti Lal requesting that he may be allowed to come to the office in between 9.45 to 10 A M. and offering to stay half an hour late in the evening. This request was not accepted by Sri Dhawan who asked Shanti Lal to attend the office at 9.30 A.M. (vide Ex. ka 52A). Ex. ka 53 is the letter dated 2.8.1972 by Shanti Lal to Member Incharge Library. In this letter he again requested that he may be allowed to reach office in between 9.45 to 10 A.M. Ex.ka 53A is the letter of Sri F.C. Bedi, President of the Association stating that the time of 9.30 A.M. had to be adhered to Ex. ka 54 is the application by Shanti Lal dated 4.8.1972 to the President Bar Association for permission to reach office in between 9.45 to 10 A.M. This was rejected by the President of the Association (Vide Ex. ka 54A and was noted by Shantilal, Ex. ka 54B) : Ex. ka 54 is the application by Shanti Lal dated 4.8.1972 to the President Bar Association for permission to reach office in between 9.45 to 10 A.M. This was rejected by the President of the Association (Vide Ex. ka 54A and was noted by Shantilal, Ex. ka 54B) : Ex. ka 55 is application of Sri Jhanak Raj, Advocate, complaining that Shantilal did not maintain proper decorum ; he was sitting with the Advocates and was keeping his legs on the table ; Ex. ka 56 is letter dated 27.9.1972 by Shantilal to the treasurer for his pay ; Ex. ka 57 is agenda of the meeting of the executive committee of the Association : Ex. ka 58 is minutes of the meeting of the Association held on 2.8.1972 ; Ex. ka 59 is agenda for the meeting and Ex. ka 60 is minutes of the meeting held on 22.9.1972. 12. Sri R.C. Verma, Advocate (P.W. 10) was married that evening. He has stated that Shanti Lal or the accused were not invited by him to attend the marriage. Irshad Ullah Khan, Advocate (P.W. 15) is another public witness of recovery of knife on the pointing out of the accused respondent Lt. Col. Dr. B.R. Sharma (P.W. 22) has stated that Sri Dhawan was brought to Military hospital on 6 3.1973 at about 9.15 P.M. The injury report of Sri Dhawan prepared by him is Ex. ka 22, which he has proved. He has also stated that Sri Dhawan was also gasping and was in a moribund condition and before resuscitative measures could be given, he died. 13. Om Prakash Mehta, S.I. (P.W. 19) accompanied the I.O. and has proved the statement of Dr. Nanak Chand Gupta, Ex. ka 1, the inquest report, Ex. ka 17, recovery memo, Ex. ka 18, injury sheet, Ex. ka 19 & letter of request addressed to the doctor, Ex. ka 20. After inquest of the dead body he handed it over to constable Karan Singh (P.W. 13) who took the dead body to mortuary for post-mortem examination. 14. Dr. Bharat Singh (P.W. 2) Police Surgeon conducted the post-mortem examination on the dead body of the deceased. He has proved the post mortem examination report. Ex. ka 5 and has also stated that injuries on the body of the deceased could be caused by the knife Ex. 7. 14. Dr. Bharat Singh (P.W. 2) Police Surgeon conducted the post-mortem examination on the dead body of the deceased. He has proved the post mortem examination report. Ex. ka 5 and has also stated that injuries on the body of the deceased could be caused by the knife Ex. 7. Sheoraj Singh A.S.I. (P.W. 17) received the telephonic message from Sri K.K. Sood at Police Station Delhi Cantt. and made a G.D. entry, Ex. Ka. 14 at 10 45 P.M. He received the statement of Dr. Nanak Chand Gupta, Ex. Ka. 1 and on the basis of this statement prepared the F.I.R. ? Ex. Ka. 15 and made the corresponding G.D. entry, Ex. Ka-16 by means on which this case was registered. Gajendra Singh, H.C. (P.W. 11), Moharrir Malkhana, Police Station Delhi Cantt. has stated about the receipt of various seized articles in this case, and that on 12.3.1973 four of these bundles were sent to the Central Forensic Scientific Laboratory, R.K. Pooram, through Constable Ram Kumar (P.W. 14). 15. Sri M.B. Rojanya (P.W. 16), Junior Scientific Officer, Central Forensic Laboratory, has proved the report, Ex. Ka. 12 and the report of the Serologist, Ex. Ka. 13. Panna Lal, A.S.I. (P.W. 12), Photographer of the crime team has proved the photographs of the spot taken by him Head Constable Bhoj Singh (P.W. 20), Photographer of Accident Squad, Police Station Defence Colony has proved the photographs of the knife. Sri Devendra Singh, S.I. (P.W, 21) Draftsman of the crime Branch has proved the map, Ex Ka. 21, prepared by him. Inspector Swarup Singh, S.H O. Delhi Cantt. (P.W. 23) is the 1.0. of this case. He has proved the disclosure statement made by the accused respondent, Ex. Ka-11, the site plan prepared by him of the spot, Ex. Ka. 23, diagram of the knife, Ex. Ka. 3, the recovery memo of the knife, Ex. Ka 4, the site plan of the place of recovery Ex. Ka-24, recovery memo Ex. Ka. 25 in respect of the articles received after post mortem examination, letter, Ex Ka. 26 sent to the Police Surgeon inquiring if the deceased could have been stabbed by knife and the opinion of the Surgeon, Ex. Ka. 26-A. 16. Ka 4, the site plan of the place of recovery Ex. Ka-24, recovery memo Ex. Ka. 25 in respect of the articles received after post mortem examination, letter, Ex Ka. 26 sent to the Police Surgeon inquiring if the deceased could have been stabbed by knife and the opinion of the Surgeon, Ex. Ka. 26-A. 16. After discussing the entire evidence on record, the learned Sessions Judge, Meerut has acquitted the accused respondent on the following grounds : (1) The accused had no motive at all for this murder. (2) After excluding the testimony of Prem Pal Mehrotra, P.W. 2, Advocate, as hear say, the sole testimony of Manjoor Hasan (P.W. 8), clerk of the deceased would be grossly insufficient to prove that any talk took place between the accused and the deceased 5 or 6 days before the occurrence at the residence of the deceased. (3) The testimony of Sri Dhian Singh (P.W. 5) and Harish Chandra (P.W. 6), Advocates that they saw the accused talking with Sri Nitya Nand Dhawan shortly before this murder cannot be believed. (4) It is also not believable that after receiving these injuries the deceased was able to walk upto the receipt on gate and made three dying declarations. (5) If the blood was found by the crime branch twenty feet inside the reception gate then the entire prosecution story collapses. (6) The omission of any mention of the dying declaration in the telephonic message, Ex. Ka. 14 and omission of the name of the accused suggest that in fact no dying declaration has been made and the accused has not been nominated. (7) From the various discrepancies it is evident that the alleged F.I.R. Ex. Ka.-1 was not prepared at the time it is alleged to have been prepared but was prepared much later. (8) The recovery witnesses are wholly unreliable and the alleged recovered knife, Ex. 7 is not connected with the crime, because with such knife an incised wound with clean cut margin could not have been caused. (9) The witnesses examined by the prosecution are partisan. (10) Investigation of this case in so many of its phases was unfair and was not up right. 7 is not connected with the crime, because with such knife an incised wound with clean cut margin could not have been caused. (9) The witnesses examined by the prosecution are partisan. (10) Investigation of this case in so many of its phases was unfair and was not up right. (11) The deceased Nitya Nand Dhawan was the fire brand type and was prone to violence and it cannot be said how his murder was committed, (12) The prosecution has miserably failed, to prove its case and the accused must be acquitted. 17. Sri Girdbar Malviya, Additional Government Advocate, appearing for the Delhi Administration has very able argued the case and has vehemently urged that the learned Sessions Judge has wrongly disbelieved the testimony of the prosecution witnesses on meagre grounds. He has fairly contended that success of this appeal depends on believing or disbelieving the three dying declarations. He has cited the various authorities regarding the appreciation of evidence in the cases of appeal against acquittal. 18. The position of law regarding the appreciation of evidence in appeal against acquittal is very well settled by a series of decisions of the Supreme Court. The latest decision of the Supreme Court in that series is Babu and others v. State of Uttar Pradesh A.I.R. 1983 S.C. 308, which lays down the law as under : "In any case, even if two views were possible, the High Court should not have interfered with the conclusions arrived at by the Sessions Court unless the conclusions were not possible. If the finding reached by the trial Judge cannot be said to be unreasonable, the Appellate Court should not disturb it even if it were possible to reach a different conclusion on the basis of the material on the record because the trial judge has the advantage of seeing and hearing the witnesses and the initial presumption of innocence in favour of the accused is not weakened by his acquittal. The Appellate Court, therefore, should be slow in disturbing the finding of fact of the trial court and if two views are reasonably possible of the evidence on the record, it is not expected to interfere simply because it feels that it would have taken a different view if the case had been tried by it. The Appellate Court, therefore, should be slow in disturbing the finding of fact of the trial court and if two views are reasonably possible of the evidence on the record, it is not expected to interfere simply because it feels that it would have taken a different view if the case had been tried by it. This Court in State of U.P. v. Samman Dass A.I.R. 1972 S.C. 677 dealing with a similar situation laid down the following postulates (Para 32 of A.I.R.). There are, however, certain cardinal rules which have always to be kept in view in appeals against acquittal. Firstly, there is a presumption of innocence in favour of the accused which has to be kept in mind especially when the accused has been acquitted by the Court below ; secondly if two views of the matter are possible, a view favourable to the accused should be taken, thirdly, in case of acquittal by the trial Judge, the appellate court should take into account the fact that the trial Judge had the advantage of looking at the demeanour of witnesses ; and fourthly, the accused is entitled to the benefit of doubt. The doubt should, however be reasonable and should be such which rational thinking man will reasonably, honestly and conscientiously entertain and not the doubt of a timid mind which fights shy-though unwillingly it may be or is afraid of the logical consequences, if that benefit was not given." 19. Having these observations of the Supreme Court in view when we proceed to examine the evidence of this,case, we find that there is no eye-witness account of the occurrence. The case of the prosecution rests on the three dying declarations, discovery of knife, Ex. 7, on alleged pointing out of the accused and the deceased was last seen in the company of the accused. 20. First of all we would like to discuss the evidence of three dying declarations successively made by the deceased to two sets of persons. According to the prosecution story Sri Nitya Nand Dhawan (deceased) keeping his right hand on the wound in this chest came up to the reception gate where he made two dying declarations ; first to Dr. First of all we would like to discuss the evidence of three dying declarations successively made by the deceased to two sets of persons. According to the prosecution story Sri Nitya Nand Dhawan (deceased) keeping his right hand on the wound in this chest came up to the reception gate where he made two dying declarations ; first to Dr. Nanak Chandra Gupta and second to Sarvasri K.K. Sood, Subhash Chand Chug and Hans Raj Badhwa that he had been stabbed by the elder son (Bade larke) of Shanti Lal, Librarian of the Bar Association. The third dying declaration was given by the deceased in the car of Sri K.K. Sood before the aforesaid two advocates while they were taking him to the Military Hospital in which he told that he had been stabbed by Mohinder Lal son of Shanti Lal Librarian of the Bar Association. 21. The third dying declaration was given by the deceased in the car of Sri K.K. Sood before the aforesaid two advocates while they were taking him to the Military Hospital in which he told that he had been stabbed by Mohinder Lal son of Shanti Lal Librarian of the Bar Association. 21. The test of the reliability of the dying declaration has been laid down by the Supreme Court in Khushal v. State of Bombay A.I.R 1958 S.C. 22 as under: On a review of the relevant provisions of the Evidence Act and of the decided cases in the different High Courts in India and in this court, we have come to the conclusion, in agreement with the opinion of the Full Bench of Madras High Court, aforesaid, (1) that it cannot be laid down as an absolute rule of law that a dying declaration cannot form the sole basis of conviction unless it is corroborated ; (2) that each case must be determined on its own facts keeping in view the circumstances in which the dying declaration was made ; (3) that it cannot be laid down as a general proposition that a dying declaration is a weaker kind of evidence than other pieces of evidence (4) that a dying declaration stands on the same footing as another piece of evidence and has to be judged in the light of surrounding circumstances and with reference to the principles governing the weighing of evidence (5) that a dying declaration which has been recorded by a competent Magistrate in the proper manner, that is to say, in the form of questions and answers, and, as far as practicable, in the words of the maker of the declaration, stands on a much lighter footing than a dying declaration, which depends upon oral testimony which may suffer from all the informities of human memory and human character, and (6) that in order to test the reliability of a dying declaration, the Court has to keep in view the circumstances like the opportunity of the dying man for observation, for example, whether there was sufficient light if the crime was committed at night ; whether the capacity of the man to remember the facts stated had not been impaired at the time he was making the statement, by circumstances beyond bis control; that the statement has been consistent through out if he had several opportunities of making a dying declaration apart from the official record of it ; and that the statement had been made at the earliest opportunity and was not the result of tutoring by interested parties. Hence in order to pass the test of reliability a dying declaration has to be subjected to a very close scrutiny, keeping in view the fact that the statement has been made in the absence of the accused who had no opportunity of testing the veracity.of the statement by cross-examination. But once the court has come to the conclusion that the dying declaration was the truthful version as to the circumstances of the death and the assailants of the victim, there is no question of further corroboration. If, on the other hand, the Court, after examining the dying declaration in all its aspects, and testing its veracity has come to the conclusion that it is not reliable by itself, and that it.suffers from an infirmity, then, without corroboration it cannot form the basis of conviction. Thus, the necessity for corroboration arises not from any inherent weakness of a dying declaration as a piece of evidence, as held in some of the reported cases, but from the fact that the court, in a given case, has come to the conclusion that particular dying declaration was not free from the infirmities referred to above or from such other infirmities as may be disclosed in evidence in that case". This view was approved by a Bench of five Judges in Harbans Singh v. State of Punjab (1962) Supp. 1 S.C.R. 104 : A.I.R. 1962 S.C. 439. Later on also this view was followed by the Supreme Court in the case of Lalubhai Devendra Saha v. State of Gujarat A.I.R. 1972 S.C. 1776. which has been approved and followed by the Supreme Court in the case of State of Assam v. Maufijuddin A.I.R. 1983 S.C. 274 and held as under : The law with regard to dying declaration is very clear. A dying declaration must be closely scrutinised as to its truthfulness like any other important piece of evidence in the light of the surrounding facts and circumstances of the case, bearing in mind on the one hand, that the statement is by a person who has not been examined in Court on oath and, on the other hand, that the dying man is normally not likely to implicate innocent person falsely. Thus, the law is now well-settled that there can be conviction on the basis of dying declaration and it is not at all necessary to have a corroboration provided the Court is satisfied that the dying declaration is a truthful dying declaration and not vitiated in any other manner. 22. Examining the evidence in this case in the light of legal position as settled by the Supreme Court, we find that information of the three alleged dying declarations were not recorded by a Magistrate. They were made before four persons, who have also not recorded them any where in the actual wordings but have stated orally during the trial from their memories. All the three dying declarations are not consistent. Sri Nanak Chand Gupta (P.W. 1) has narrated the first dying declaration in the disputed F.I.R. (Ex. Ka. 1) as under : " djhc 9 cts jkr dks fuR;kuUn /kou ,MoksdsV lsdzsVjh nsgyh ckj ,lksfl,'ku viuk nkfguk gkFk cka;h rjQ Nkrh ij j[ks gq, vk;s tks fd fjlsI'ku xsV dh rjQ vk;s vkSj dgk fd eq>s 'kkfUryky ykbZcszfj;u ds cM+s yM+ds us pkdw ekjk gS eq>s QkSju vLirky ys pyksA " In the trial court he has stated as under :. " tc ckjkr dh j'esa [kRe gks xbZ vkSj eSa okil pyus dks gqvk eSa cyjke efyd dks /kU;okn nsdj pyus dks gqvk rks fuR;kuan /kou ,MoksdsV vk;s rks viuk nkfguk gkFk lhus esa cka;s rjQ j[ks Fks feys vkSj eq>ls dgk fd eq>s pkdw ekjk gSA eSaus iwNk fdlus pkdw ekjk gS rks mUgksaus crk;k fd 'kkfUryky ykbZczsfj;u dkxt QVkA " In the cross-examination on page 23 of this paper book, Sri Nanak Chand Gupta (P.W. 1) has stated as under :. " fjiksVZ esa vkbZ vks us flQZ bruk fy[kk gS fd 'kkafryky ds cM+s yM+ds us pkdw ekj fn;k FkkA fuR;kuan us D;k dgk eSaus D;k iwNk vkSj ml ij fuR;kuan us D;k tokc fn;k ;g fjiksVZ esa ugha fy[kk x;kA " Sri K.K. Sood (P.W. 3) and his junior Sri Subhash Chand Chug (P.W. 4) have narrated the second and third dying declarations almost in identical words. Second and third dying declarations of the deceased as stated by Sri K.K. Sood in the trial Court are as under : Second : mUgksaus dgk fd cYyks lwn ew>s 'kkfUryky ykbZcszfj;u ds cM+s yM+ds us pkdw ekj fn;k] tYnh vLirky ys pyksA Third : T;ksa gh xkM+h eSaus LVkVZ dh eSaus muls fQj iwNk fdlus pkdw ekjk gS rkS mUgksaus dgk fd 'kkfUryky ykbZczsfj;u ds yM+ds egsUnzyky us pkdw ekjk------ eSa QkSju feyVjh gksfLiVy mudks ys x;k vkSj esjs lkFk o nksuksa odhy Hkh x;s feyVjh gksfLiVy igqWap dj eSaus mudks ,e0vkbZ0 :e esa nkf[ky dj fn;k vkSj eSaus iqfyl dks VsyhQksu fd;kA vLirky esa dqN nsj ckn Jh fuR;kuUn /kou dh e`R;q gks xbZA 23. It is important to note that even after three dying declarations aforesaid, in the first telephonic information, Ex. Ka. 14, given by Sri K.K. Sood (P.W. 3) to the Police Station Delhi Cantt., there was neither any mention of any dying declaration nor the name of Mohinder Lal was given. The Police was only informed by Sri Sood at 9.15 P.M. as under : oDr 9-15 cts jkr Jh ds0ds0 lwn ,MoksdsV us feyVjh vLirky nsgyh dSaV ls otfj;s VsyhQksu bLryk nh fd Jh fuR;kuUn /kou tujy lsdzsVjh ckj ,lksfl,'ku dks lhus esa pkdw yxk gS ftldks ge feyVjh gLirky yk;s gSaA QkSju fdlh vWQlj dks ekSds ij Hkstk tk;sA glc vken VsyhQksu jiV ntZ jkstukepk dh xbZ vkSj tukc ,l0,p0vks0 lkgc dks bRryk nh xbZ tks cktkoS djZokbZ equkflc vkse izdk'k o nj'ku flag ,l0vkbZ0 lkgc dju flag dk 0138 jke flag 205 nySy flag 1422 dks gejkg ysdj o lokjh thi ljdkjh [kkuk vkehZ gLirky dks gq,A cDye Mh0vks0 uksV%& udy eq[kkfrd dk vly gSA 24. Not only this Mr. Not only this Mr. K.K. Sood (P.W. 3) has made no mention of third dying declaration in this manner in this statement to Police recorded under section 161 Cr.P.C. He has stated this in his cross-examination as under: " eSaus vius 161 ds c;ku esa njksxkth dks ;g ugha crk;k Fkk fd tc ge yksx mUgsa xkM+h ij ysdj vLirky tk jgs Fks esjs iwNus ij mUgksaus crk;k fd 'kkfUryky ds cM+s yM+ds egsUnzyky us mUgsa pkdw ekjk gSA eq>ls iwNk ugha x;k FkkA esjs iwNus ij ;k mUgksaus [kqn ;g ckr crk;h blls eSaus ;g crkuk t:jh ugha le>k fd esjs iwNus ij mUgksaus ,slk dgk FkkA " The explanation given is not acceptable to us. In this connection it is also important to note that the first entry made in Ex. kha 47A, Admission Register of the Military Hospital was "Civilian. Sri Nitya Nand Dhawan was brought by Sri H.R. Wadhwa to this hospital by car, sustained stab injury at a marriage party. Patient sustained 1" x 1" stab wound left pectoral region." Later 011 this entry was changed. Time of admission is also mutilated which could not be explained by Dr. B.R. Sharma (P.W. 22). 25. In the first dying declaration, the words are "Shanti Lal Ke Bare Larake" whereas in the third dying declaration, name of Mohinder Lal has come. Shantilal has three sons. Two sons are elder to third one. From first and second dying declarations it is not clear which son of Shantilal inflicted injuries to the deceased. This ambiguity has been improved or clarified in the third dying declaration. It is important to note that Dr. Nanak Chand Gupta has completely disowned in his cross-examination the first dying declaration as written in the F.I.R. referred to above. Sri K.K. Sood (P.W. 3) has admitted in his cross-examination that he did not tell to the I.O. in his statement under section 161 Cr. P.C. that the deceased disclosed the name of Mohinder Lal accused on his query. Thus, there are serious material inconsistencies and improvements in the first, second and third dying declarations. 26. If Sri Nitya Nand Dhawan (deceased) had made any dying declaration and named the accused as his assassin, this could never have been the language of the telephonic message (Ex. ka 14). Thus, there are serious material inconsistencies and improvements in the first, second and third dying declarations. 26. If Sri Nitya Nand Dhawan (deceased) had made any dying declaration and named the accused as his assassin, this could never have been the language of the telephonic message (Ex. ka 14). When Sri K.K. Sood (P.W. 3) was questioned on this point the only explanation be could offer was that he did not consider the telephonic message to be the F.I R. and he merely wanted to call the police to record the statement of the deceased. Sri K.K. Sood is the person who took the deceased to Military Hospital where the deceased was found in "Moribund condition" and he was already gasping. He could not have, therefore, possibly made any statement. If the deceased was in a condition to speak, Dr. B.R. Sharma could have recorded his dying declaration. Therefore, it cannot be said that the police was called to record the statement of Sri Dhawan (deceased). Under the circumstances the learned Sessions Judge has held that the omission of any mention of a dying declaration in the aforesaid telephonic message (Ex. ka. 14) and the omission of the name of the accused, therefore, suggest that in fact no dying declaration had been made and the accused had not been nominated. After going through the entire evidence it cannot be said that this conclusion is entirely baseless. 27. It is also important to note that after receiving telephonic message (Ex. Ka 14) the police party came soon after to the Military Hospital but Sri K.K. Sood was not found, there. It is said.by Nanak Chand Gupta P.W. 1 that when three lawyers Mrs. N.N. Dhawan and he came out of the M.I. room of the Military Hospital he saw the police jeep coming and at that very moment Sri Sood took Mrs. Dhawan with him in order to comfort her. When the police vehicle was seen coming Sri K.K. Sood should have stayed there in order to brief the police. In any case it should not have been difficult for police to trace out Sri Sood, who had sent the telephonic message to record his statement. It looks strange. Only Dr. Nanak Chand Gupta (P.W. 1) was found and his statement was recorded which is Ex. ka I. According to the prosecution version, Ex. In any case it should not have been difficult for police to trace out Sri Sood, who had sent the telephonic message to record his statement. It looks strange. Only Dr. Nanak Chand Gupta (P.W. 1) was found and his statement was recorded which is Ex. ka I. According to the prosecution version, Ex. ka 1 is the First Information Report but it is vehemently contended by the defence that in fact the telephonic message (Ex. ka 14) is the F.I.R. and the statement of Dr. Nanak Chand Gupta is hit by Section 162 Cr. P.C. On the other hand Mr. Girdhar Malviya, counsel for Delhi Administration has urged that prosecution has treated Ex. ka. 1 as the F.I.R. He has cited a Supreme Court decision in the case of Duraipandi Thever and others v. State of Tamil Nadu, A.I.R. 1973 S.C. 659 wherein it has been held as under "It was clearly open to the authorities concerned to take action on this information if they so chose but it was equally open to them to wait for more authentic or reliable information for taking appropriate action treating the earlier information as based on mere village gossip." In Tapinder Singh v. State of Punjab and another A.I.R. 1970 S.C. 1566 it has been observed as under : "But prima facie this cryptic and anonymous oral message which did not in terms clearly specify a cognisable offence cannot be treated as first information report The mere fact that this information was the first in point of time does not by itself clothe it with the character of first information report The question whether or not a particular document constitutes a first information report has, broadly speaking, to be determined on the relevant facts and circumstances of each case. The appellants' submission is that since the police authorities had actually proceeded to the spot pursuant to this information, however exiguous it may appear to the court, the dying declaration is hit by Section 162, Cr. P.C. This submission is unacceptable on the short ground that Section 162 (2) Cr. P.C. in express forms excludes from its purview statements falling within the provisions of Section 32 (1), Indian Evidence Act. Indisputably the dying declaration before us falls within Section 32(1), Indian Evidence Act and as such it is both relevant and outside the prohibition contained in Section 162(1) Cr. P.C. in express forms excludes from its purview statements falling within the provisions of Section 32 (1), Indian Evidence Act. Indisputably the dying declaration before us falls within Section 32(1), Indian Evidence Act and as such it is both relevant and outside the prohibition contained in Section 162(1) Cr. P.C." Even if in view of the above observations of the Supreme Court we treat Ex. ka. 1 as the F.I.R., it is not satisfactorily explained by the prosecution why the statement of Dr. Gupta (P.W. 1) was not recorded by police u/s 161 Cr. P.C. on 6.3.1973 in the hospital after Ex. ka. 1 and why the accused respondent was not nominated. The explanation given by Nanak Chand Gupta (P.W. 1) for this omission are not convincing. At one place he has stated that when he went inside the M.I. room he saw Mrs. Dhawan, Mr. Sood and two other lawyers standing there ; but he did not talk to them. This appears to us unnatural. From the contents of the F.I.R. Ex. ka 1 and other circumstances, it appears that F.I.R. was not prepared in the hospital at the time alleged by the prosecution. 28. The endorsement on the back of the report Ex. ka. 1 is also very significant wherein S.H.O., Inspector Swarup Singh, I.O. directed the crime team and the dog squad to be summoned ; but from the evidence of Kishan Singh (D.W. 2), Ex. kha 23 it seems that the crime team came under the direction of the S.P., South District at 12.40 midnight. It clearly indicates that till after midnight the crime team had no information to proceed to police station Delhi Cantt. A careful scrutiny of the evidence of the prosecution witnesses and Ex. kha 28 indicates that there was no requisition of the crime team from police station Delhi Cantt. and the crime team proceeded to the police station under the orders of the S.P., South District. If the crime team had been requisitioned from the police station itself, it would have reached there much earlier than .12.40 midnight. Since the crime team proceeded under the order of the S.P., South District. It would seem that probably the report, Ex. ka 1 had not come into existence till then. If the crime team had been requisitioned from the police station itself, it would have reached there much earlier than .12.40 midnight. Since the crime team proceeded under the order of the S.P., South District. It would seem that probably the report, Ex. ka 1 had not come into existence till then. There is no doubt that the I.O. Swarup Singh (P.W. 23) has given a detailed narration of how this investigation proceeded, but has not stated at any stage that the dog squad also came. The summoning of the dog squad also creates doubt about the dying declarations. If the name of the assailant was known through the dying declarations, there was no need of summoning the dog squad. The explanations given by the prosecution are not convincing. 29. A perusal of the log-book of vehicle, No. DHB 5255 of S.P.P.O. Sri S.K. Kaine shows that his vehicle was used in this investigation up to 00 52 hours. Even then F.I.R. number or case crime number was not entered in that log book and all that was stated therein was that the vehicle was used in connection with the murder of Mr. Dhawan. Other vehicle used in this investigation was D.L.E. 5747 of S.P. South District. Extract of the log book of this vehicle, Ex. kha 34, shows that there is no mention of crime number. It was kept blank. Since the FIR number was not entered in any one of these log book entries it follows that there was no F.I.R. in existence, therefore, no F.I.R. number had been given in them. Under these circumstances the learned Sessions Judge has held that the F.I.R. in this case is the telephonic information sent by Sri K.K. Sood to police station Delhi Cantt. which was recorded in the diary as Ex. ka. 14. The report, Ex ka 1 prepared subsequently was not the F.I.R. It cannot be said that this is unreasonable. But even if we ignore this and treat Ex. ka 1 as the F.I.R. on the basis of the aforesaid observation of the Supreme Court, the doubt remains whether this F.I.R. Ex. ka. 1 was prepared at 10.20 p.m. in the Military Hospital as alleged by the prosecution. But even if we ignore this and treat Ex. ka 1 as the F.I.R. on the basis of the aforesaid observation of the Supreme Court, the doubt remains whether this F.I.R. Ex. ka. 1 was prepared at 10.20 p.m. in the Military Hospital as alleged by the prosecution. After careful scrutiny of the police records on the file, we find that in spite of three dying declarations given by the deceased, the name of the accused respondent has not been mentioned in any paper till 10.20 p.m. This creates suspicion about the genuineness of these dying declarations. 30. The evidence of Nanak Chand Gupta (P.W. 1) regarding the first dying declaration and evidence of other two witnesses, namely, K.K. Sood (P.W. 3) and Subhash Chand Chug (P.W. 4) about the subsequent two dying declarations have been discarded by the learned Sessions Judge on several grounds. We may not agree with some of the grounds but it cannot be said that the final conclusion arrival at by the learned Sessions Judge is wrong. Nanak Chand Gupta (P.W. 1) had filed an ejectment suit against his tenant, which was pending at the time of this occurrence and Makhan Lal Dhawan, father of the deceased was his counsel in, that case. When Sri Makhan Lal died during the trial, then his brother Hansraj Dhawan assisted by Sri Khurana were conducting that case. Sri Khurana is associated with the Editorial Board of Accident Claims Journal of which the deceased Sri Nitya Nand Dhawan was the founder member. Dr. Nanak Chand Gupta tried to suppress facts regarding one contempt case and one criminal case going on against him. Ex. kha 59 filed by the defence shows that contempt proceedings and a criminal case under Section 324 Indian Penal Code were pending against this witness. He is easily available witness to the prosecution for the dying declaration as well as recovery. Being a doctor, it was his duty to assist Mr. Dhawan but he rushed to the car which was probably not there. Only one car was found at Military Hospital and that was of Mr. K.K. Sood. There are material inconsistencies and improvements in his statement. He has given evasive reply in his cross-examination. He has completely disowned the dying declaration as narrated in the F.I.R. Ex ka 1. Therefore, no reliance can be placed on his statement. 31. Only one car was found at Military Hospital and that was of Mr. K.K. Sood. There are material inconsistencies and improvements in his statement. He has given evasive reply in his cross-examination. He has completely disowned the dying declaration as narrated in the F.I.R. Ex ka 1. Therefore, no reliance can be placed on his statement. 31. Sri K.K. Sood (P.W. 3) has given evasive reply when question were put to him about the criminal case in which charge-sheet was submitted against him. There are material omissions, improvements and inconsistencies in his statement on material points. He has neither mentioned the dying declarations nor gave the name of Mohinder Lal accused in his telephonic information (Ex. ka 14) to police, nor he gave the name of Mohinder Lal accused in his statement under Section 161 Criminal Procedure Code to the police in the manner given in the trial court. The explanations given by him in the trial court for these omissions and improvements are not convincing. It is not safe to base conviction of the accused on his evidence. Mr. Subhash Chand Chug P.W. 4) is the Junior of Sri K.K. Sood. He has also given evasive reply to many questions put to him in his cross-examination. He has stated in para. 3 that he did not see Nitya Nand Dhawan (deceased) at the house of Sri Verma Sahab or in the way. He saw the deceased for the first time when the deceased came towards the reception gate putting his hand on his chest. He has further stated in cross-examination that they did not put any question to him as to where and how he was stabbed. His evidence is also not convincing. Other material witnesses, namely, Hansraj Wadhwa, who brought the deceased and got him admitted in the Hospital and wife of the deceased have not been produced. 32. From the post mortem report (Ex. ka 5) itself it is quite clear that the deceased Nitya Nand Dhawan had received a wound on his chest which was 2" x 1" chest cavity deep, his third rib was completely cut and after cutting this rib the wound had cut the anterior lobe of left lung on medial through and through. The size of the cut on the lung was 2" x 1" after cutting the lung the wound had entered the left ventricle of the heart. The size of the cut on the lung was 2" x 1" after cutting the lung the wound had entered the left ventricle of the heart. Size of the cut on the heart was 1" x " chamber deep. The total depth of the wound was 4". The first question which requires our determination is whether after receiving such an injury to his lung and heart the deceased could have walked up to the reception gate and made three aforesaid dying declarations successively one after another. 33. Place of actual occurrence and the manner, of assault have not been seen by any of the witnesses examined by the prosecution. In the site plan a bus has been shown standing at place A. Place B in the site plan has been described by the I.O. where the accused Mohinder Lal stabbed Sri Dhawan (deceased). But this deposition is not supported by any witness. From place 'B' point 'C' where Nanak Chand Gupta first met Sri Dhawan (deceased) and first dying declaration is alleged to be made, would be about 3 feet. According to the statement of Sri K.K. Sood (P.W. 3) the distance between his car and the reception gate is about 60 feet. The distance between place C and E is about 12.3 feet. D is the place where second dying declaration is said to have been made. 'F' is the place where car of Mr. Sood was parked in which third dying declaration is alleged to have been made. The distance between 'E' and 'F' is about 14.5 feet. 34. In support of the prosecution contention that Nitya Nand after receiving the aforesaid injury could have walked and made the aforesaid dying declaration, Dr. Bharat Singh (P.W. 2), Police Surgeon was produced and various authorities have been cited before the trial court. Dr. Roshan Lal Gupta (D.W. 1) was examined as expert by defence. His book 'chest injuries' 1972 Edition p. 120 and 121 has been pointed out wherein Dr. Roshan Lal Gupta himself has described that 39.3 percent patients after receiving stab injury remained alive. Jurisprudence by Taylor (Vol. I.P. 203) has also been cited to show that penetrating wounds of heart are dangerous and fatal. His book 'chest injuries' 1972 Edition p. 120 and 121 has been pointed out wherein Dr. Roshan Lal Gupta himself has described that 39.3 percent patients after receiving stab injury remained alive. Jurisprudence by Taylor (Vol. I.P. 203) has also been cited to show that penetrating wounds of heart are dangerous and fatal. These wounds are commonly instantly fatal from shock and haemorrhage except in a few cases where the individual had been able to walk some distance and perform volitional acts after receiving the injuries. Paulson and Geo in their Essential of Forensic medicine III Edition page 191 has given the opinion that stabbed wound of the' heart, though usually fatal may be associated with unexpectedly long survival. Sprits and Fisher in their book Medical Investigation of Death have stated that physical activity of varying duration and intensity may be expected in stabbing cases even if heart, the major blood vessel or the lungs are involved and they have given certain individual cases in which the injured survived for some time. In none of those cases, however, the injury to the heart was assertious as in this case. In Medical Jurisprudence by Gordon, Turner and Price, III Edition P. 612 it is stated that individuals vary in their recovery to injuries and a penetrating wound of the heart may lead to instantaneous death to any person while another person with a similar wound may keep on walking or running a considerable distance before collapsing. 35. In this case the deceased was admitted in the hospital in gasping condition and died soon after. On inquiry being made from Dr. Bharat Singh (P.W. 2), Police Surgeon on 28-9-1975 more than six months after this occurrence, he gave his opinion that after receiving such injuries the deceased 'can walk'. Later on he scored out the word 'can walk' and substituted it by the word 'may walk.' Dr. Bharat Singh has further admitted that in this case injury to the heart was very extensive and serious and according to him the injury to heart brain and lung causes maximum shock and can result in the instantaneous Death. According to him, it is possible that some particular persons may be able to walk a little distance, but after receiving such an injury one would feel great pain, lot of trouble and in the opinion of Dr. According to him, it is possible that some particular persons may be able to walk a little distance, but after receiving such an injury one would feel great pain, lot of trouble and in the opinion of Dr. Bharat Singh such a person will remain conscious only up to three minutes maximum. 36. Dr. Roshan Lal Gupta (D.W. 1) Head of the Department of Surgery in the Medical College, Meerut has stated that having received these injuries deceased could not have walked at all. The reason for this in his opinion is that a large wound on the left ventricle of the size 1" x " will result in failure of circulation. The wall of the left ventricle is so much damaged including the coronary vessels coursing over its surface that the heart will stop functioning. According to him in the case of lung this condition will be known as 'sucking pneumothorax, i.e., with each movement of respiration the air will go in through the wound and thus further embrassing the respiration and also produce collapse of the lung of the side on which the injury had taken place. When such a person breathes out, then some of the blood would certainly come out, such a person would not receive any circulation of blood in the brain and because there would be no supply of blood to the brain, he would become immediately unconscious. The doctor has further stated that such sucking pneumothorax has to be covered with Veseline Gauge. It will prevent air from outside entering the chest cavity. It is not possible for the victim to provide adequate and satisfactory closure of the sucking wound with his hand. Therefore, in the opinion of Dr. Roshan Lal Gupta the deceased could have neither walked nor he could have spoken. 37. N.J. Modi in his book Medical Jurisprudence and Texicology 14th Edition P. 284 has given his opinion as under : "Wounds of the lungs may be immediately fatal from profuse haemorrhage or from suffocation due to respiratory embarrassment on account of the presence of blood in the pleural cavity". "Wound of heart are produced by a cutting or stabbing instrument, a bullet or a sharp and of a fractured rib or sternum. These wounds are commonly instantly fatal from shock and haemorrhage." Mr. S.N. Mulla, the learned counsel for the accused respondent Mohinder Lal has not disputed these authorities. "Wound of heart are produced by a cutting or stabbing instrument, a bullet or a sharp and of a fractured rib or sternum. These wounds are commonly instantly fatal from shock and haemorrhage." Mr. S.N. Mulla, the learned counsel for the accused respondent Mohinder Lal has not disputed these authorities. He raised three questions before us, (i) whether deceased could walk and talk, (ii) did he talk and (iii) what did he talk, and urged that this cannot be replied by expert evidence. The Court has to apply its own mind and come to its own conclusion. He also urged that in exceptional cases the victims may walk a little and speak but in the instant case it is very doubtful whether he could walk such a long distance and made three dying declarations. 38. The place of actual assault is not known. There was mud on the elbows of the coat and buttocks of the Pant which Nitya Nand Dhawan (deceased) was wearing when stabbed. This mud has not been explained by prosecution. 39. This indicates that the deceased fell down when such injuries were caused to him. The learned Sessions Judge has held that if the deceased fell after receiving the injuries he could not have arisen by himself and he could not have walked all the way up to the reception gate and car of Mr. Sood to tell others how he had been stabbed. It cannot be said that the conclusion drawn by trial court is perverse or unreasonable and no prudent man can derive this conclusion on these facts. 40. Undoubtedly, the occurrence took place in the night. Place of actual assault is not known. Therefore, it cannot be said that there was sufficient light at the place of occurrence to recognise the assailant. Under these circumstances in view of the above discussions, it is not safe to convict a person under section 302 Indian Penal Code, on the basis of these three alleged dying declarations. 41. When we come to the evidence of discovery of knife, Ex. 7 on the pointing out of the accused-respondent we find the position very unsatisfactory. Under these circumstances in view of the above discussions, it is not safe to convict a person under section 302 Indian Penal Code, on the basis of these three alleged dying declarations. 41. When we come to the evidence of discovery of knife, Ex. 7 on the pointing out of the accused-respondent we find the position very unsatisfactory. According to Swarup Singh, I.O. (P.W. 23) he went to the house of accused Mohinderlal at Rameshnagar just after recording the statements of K.K. Sood, Subhash Chand Chug and Nandraj Badhwa in the hospital but remained sitting there till the arrival of Mohinderalal, accused at about 1 a.m. in the night. The I.O. knew that the accused had committed this murder with a knife the neither arrested him nor searched the house or the person of the accused in an attempt to recover that knife. It was his duty to search his house and his person to find out the weapon. The I.O. had no reason to believe or anticipate that the weapon of assault would be discovered on the basis of a statement made under section 27 of the Indian Evidence Act. The I.O. only rounded him up and took him to hospital, place of occurrence and police station but no entry was made at police station which was mandatory. 42. It is said that after hours of investigation the accused respondent made a disclosure statement, Ex. ka 11 and he offered to point out the knife and to get the knife recovered from the drain in Sadar Bazar. The time of recovery of knife is said to be 8 a.m. on 7.3.1973, but in the copy of the written report, Ex. kha 21, which has corrections in the hand of the I.O. himself, the time of the recovery of the knife was mentioned as 7 a.m. After the aforesaid disclosure statement, Ex. ka 11, police party along with the accused and witnesses went for Sadar Bazar but it is said that they went to the place where the reception gate had been put up and remained there from 6 a.m. to 8 a.m. It looks very fishy to us. The arrival of the witnesses of recovery Irshad Ullah Khan (P.W. 15) and Bhupendra Singh is also unusual. According to Irdshadullah Khan (P.W. 15), he came to know at 5 a.m. in the morning that Sri Nitya Nand Dhawan had died. The arrival of the witnesses of recovery Irshad Ullah Khan (P.W. 15) and Bhupendra Singh is also unusual. According to Irdshadullah Khan (P.W. 15), he came to know at 5 a.m. in the morning that Sri Nitya Nand Dhawan had died. He tried to ring up to his residence but his telephone number was busy. He then went to the house of Sri Bhupendra Singh. He also did not know where the dead body was. Thereafter both of them came to the Police Station Delhi Cantt., then the accused made the disclosure statement, Ex. ka 11 and admitted having throw the blood stained knife in a drain. 43. The accused was already named by four witnesses when he was rounded up by the I.O. at 1 a.m. in the night. There was no difficulty in arresting him immediately. The I.O. has said that the accused was not arrested then but was arrested at 6 a.m. after he made the disclosure statement, Ex. ka 11. The GD entry shows that he was arrested at 10.30 a m. Photographs regarding discovery and arrest (Exs. Kha 36 and kha 3 7) had been taken which do not show either presence of the witnesses or hand cuffs of the accused. Nanak Chand Gupta (P.W. 1) is also a witness of recovery. Swarup Singh, I.O. (P.W. 23) has stated that the jeep stopped near the milk booth and the bus stop and Nanak Chand Gupta (P.W. 1) himself reached there and was taken as a witness. According to the statement of Dr. Nanak Chand Gupta (P.W. 1) the jeep stopped in front of his clinic and at that time he was going to bring snacks for refreshment. He, therefore, joined the police party as a witness. The learned Sessions Judge has found that milk booth is at a considerable distance from the clinic of Dr. Gupta and jeep could not have stopped at both the places, before the milk booth and infront of the clinic of Dr. Gupta. In none of the photographs, Ex. kha 36 to kha 42 any of these three witnesses appeared. If the police decided to get the discovery of any articles to be photographed, three important things ought to have been included in the photographs, (i) the object recovered, (ii) the accused and (iii) the witnesses. Gupta. In none of the photographs, Ex. kha 36 to kha 42 any of these three witnesses appeared. If the police decided to get the discovery of any articles to be photographed, three important things ought to have been included in the photographs, (i) the object recovered, (ii) the accused and (iii) the witnesses. From the absence of the witnesses in any of the photographs, the learned Sessions Judge has infers red that probably these witnesses were not present at the time of recovery otherwise some of them were bound to be included in the photographs taken. Not only this in the photographs, Ex. kha 40 and kha 41 the word 'knife' is written. The knife is almost parallel to the drain, but its back portion is facing towards north, i.e., towards culvert and the wide portion towards south. In the other photographs, Ex. kha 36, kha 39 and kha 42 the word 'knife' is written. The shape of the circle around the weapon is also different. The word 'knife' is underlined, but there is no such line in the photographs, Ex kha 40 and kha 41 and the accused is also missing in these photographs. If the accused was present through out then he should have appeared in the aforesaid two photographs also. 44. There are discrepancies between the statement of recovery witnesses and the statement of the I.O. Not only this the recovery of knife, Ex. 7 had not been connected with the crime. Blood-group of the blood stains found on it were found to be inconclusive. It is very significant that this knife has only one share edge and the other blunt. The learned Sessions Judge has held that with such a knife an incised wound with clean cut margins could not have been caused. In the instant case a penetrating wound was inflicted, which pierced through the lung and then the heart. If such a wound was inflicted by a knife with in a blunt edge it could not have caused an incised wound with clean cut margins as found by Dr. Bharat Singh (P.W. 2). In the instant case a penetrating wound was inflicted, which pierced through the lung and then the heart. If such a wound was inflicted by a knife with in a blunt edge it could not have caused an incised wound with clean cut margins as found by Dr. Bharat Singh (P.W. 2). In Modi's text book of Medical Jurisprudence and Toxicology (Twentieth Edition at page 212) it has been described as under: "A stab wound caused by sharp pointed and cutting instrument has clean cut edges which are almost parallel but slightly curved to each other, like an ellipse, and have sharp angles at the two extremities. This is commonly the case if the instrument has two cutting edges, an instrument having one curling and one blunt edges, will show a certain amount of bruising and raggedness at one end of the wound. The wound is generally wedge shaped, if it is produced by an instrument with a thick, broad back and only one cutting edge, like an axe, hatched etc." 45. It has also been held in Chhotey Lal v. State 1968 Cr. L.J. 15 that where only one edge of the weapon is sharp the wound caused would not be an incised one. Under these circumstances the learned Sessions Judge has come to the conclusion that the nature of the wound, thus, shows that it could not have been possibly caused by this knife, Ex. 7 and if the wound was not caused by this knife, the accused could have made no disclosure statement in respect of it. We summoned the knife, Ex. 7 and the mud soaked coat and pant from the District. Court, but we are informed through the learned District Judge that the case was acquitted on 8-11-1975 and on 28-4-1982 the property was destroyed as no information was received about any State appeal to the case. The letter of the District Judge is kept in the Courts' file of this case. 46. After considering the entire evidence regarding the discovery of knife on pointing out of the accused, we are fully satisfied that the conclusion drawn by the learned Sessions Judge cannot be described without any basis. . 47. The letter of the District Judge is kept in the Courts' file of this case. 46. After considering the entire evidence regarding the discovery of knife on pointing out of the accused, we are fully satisfied that the conclusion drawn by the learned Sessions Judge cannot be described without any basis. . 47. Now we would like to discuss the evidence of two witnesses, namely, Dhyan Singh P.W. 5 and Harish Chand (P.W. 6), who have stated that they saw the accused talking with the deceased near the bus at about 8.30 P.M. and 8.45 P.M. before the alleged occurrence. Harish Chand (P.W. 6) has stated that he came to attend the marriage party late, and "he saw the accused going towards the bus. Sri Dhyan Singh (P.W. 5) has stated that he got separated from the marriage party 10 or 15 minutes before to go to house of a friend and when he reached the reception gate the Barat party had gone to the Vandal for dinner. According to his statement he met the accused and the deceased at 8.45 P.M. five steps towards Sadar Bazar Road from the crossing. He saw them and proceeded to join dinner. From their evidence it appears as if they came only to see the accused and the deceased at 8.30 p.m. and 8.45 p.m. respectively and to take their dinner. They have not participated in any ceremony of the marriage. From the evidence of Dr. B.R. Sharma (P.W. 22) it appears that the deceased was admitted in the hospital at 9.15 P.M. If these two witnesses saw the accused with the deceased at 8.30 P.M. and 8.45 P.M. why did they not disclose fact then and there to anybody. Though they have given explanation that they took dinner hurriedly and went to their houses and came to know about the murder next day; but this explanation appears to us an afterthought. 48. According to the prosecution both aforesaid witnesses reached the police station together at 10.30 A.M. on 7-3-1973 although their houses are situate in different directions, and thereafter they disclosed this fact to the police after 10.30 A.M. The learned Sessions Judge has discarded their evidence on various grounds. Some of the grounds may not be acceptable to us but it cannot be said that ultimate conclusion drawn by him is entirely baseless. Some of the grounds may not be acceptable to us but it cannot be said that ultimate conclusion drawn by him is entirely baseless. Harish Chandra (P.W. 6) has expressed himself as not being straight forward witness. When he was shown his signature at serial No. 15 on the complaint, Ex. kha. 5, he denied that it was his signature. When he was confront of with his signature on summons Ex. kha. 20 to show that he signs in the same manner as he had signed in the complaint, Ex. kha. 5, then the witness admitted that signature on Ex. kha. 5 was his signature. So far as Sri Dhyan Singh (P.W. 5) is concerned, the learned Session Judge has held that his brother Amrit Singh Rahi alias Kala is a history setter of police station Tilak Nagar and also of police station Delhi Cantt. 49. Budh Singh (D.W. 5) Head Constable has filed a list of cases, Ex. kha 35, against Amrit Singh Rahi alias Kala, On that basis the learned Sessions Judge has arrived at a conclusion that such a witness whose brother is in so much grip of the police would naturally be prone to oblige the police and testify as the police wants. This witness has stated that he lives separately and he has no connection with his brother. Even if we ignore this conclusion of the learned Sessions Judge about this witness, we do not find his presence free from doubt due to certain circumstances. There are two circumstances which make the statements of the aforesaid two witnesses extremely doubtful. Firstly, according to the statement of Prem Pal Mehrotra (P.W. 7) and Manzoor Husain (P.W. 8) the deceased had curtly refused the request of the accused for re-employment of his father only 5-6 days earlier. Under these circumstances there was no reason for, Sri Nitya Nand Dhawan deceased to leave ail his friends in the Barat and go to talk with the accused near the bus for such a long time. Secondly, the accused Mohinder Lal was not invited in the marriage ceremony from any side. Therefore, it is not conceivable that the accused, who is holding a respectable post in a bank will go there to commit this murder. The learned Sessions Judge has discarded the statements of these two witnesses and it cannot be said that it is unreasonable or perverse. 50. Therefore, it is not conceivable that the accused, who is holding a respectable post in a bank will go there to commit this murder. The learned Sessions Judge has discarded the statements of these two witnesses and it cannot be said that it is unreasonable or perverse. 50. No attempt was made to make probe into the circumstances in which Sri Nitya Nand Dhawan who was in the marriage party left the marriage party and went to some secluded place where he was stabbed. This remained mystery in the case that where and how he was stabbed. Whether he could walk from that place up to the reception gate and thereafter to the car of Sri K.K. Sood is also not free from doubt particularly when there are indications that he had fallen down on the ground, because there was mud on the buttocks of the pant and elbows of the coat. 51. So far as the motive for the accused to commit this crime is concerned, it is true that some months earlier his father, who was librarian of the Bar Association had been retrenched, because he had reached the age of superannuation. His father, Shanti Lal had not approached any member of the Executive Committee for his re-employment. From the evidence on record it appears that he had withdrawn his provident fund and applied for gratuity and other payments and had also made an application to the Supreme Court Bar Association for employment as librarian. It has also come in evidence that the accused lives separately from his father for the last 13-14 years. He was employed as Deputy Head Cashier in Motinagar Branch of State Bank of India and was receiving more than Rs. 1000/- as his emolument in 1973. Under these circumstances the learned Sessions Judge has held that ordinarily such person would not think to commit a murder. There is no doubt that motive is not so important, if the evidence is clinching. Unfortunately in this case evidence of dying declarations and discovery of knife both are not free from doubt. Therefore, motive becomes useless. Moreover, the testimony of Prem pal Mehrotra (P.W. 7) and Manjoor Husain (P.W. 8) is not free from doubt. 52. On the other hand sufficient materials (Ex. kha-45, kha 16 and kha. Unfortunately in this case evidence of dying declarations and discovery of knife both are not free from doubt. Therefore, motive becomes useless. Moreover, the testimony of Prem pal Mehrotra (P.W. 7) and Manjoor Husain (P.W. 8) is not free from doubt. 52. On the other hand sufficient materials (Ex. kha-45, kha 16 and kha. 14) have been brought on record of the case on behalf of the defence to shows that Sri Nitya Nand Dhawan was the fire brand man and was prone to violence. Ex. kha 49 shows that one Judicial Magistrate Sri S.P. Karkara made a complaint against the deceased to the High Court for action against him, because Sri Dhawan entered the court room of Sri Karkara once and started abusing him in the grossest manner, said that his action was most idiotic, he was an idiot, he was a fool and that Sri Karkara in order to calm him down spoke in English. He further threatened him that he should get himself transferred or else he would kick him out, Ex. kha 16 shows that on 30.9 1972 a Typist made a complaint that Sri Dhawan had assaulted him. Ex. kha 14 shows that on 28.2.73 Khem Chand and other employees of the Bar Association made complaint that Sri Dhawan had mercilessly beaten Khem Chand and had abused him. Khem Chand was also suspected by the police and interrogated by police which is clear from the evidence of D.W. 4 Prithviraj, S.L police station Delhi Cantt. under these circumstances the learned Sessions Judge came to the conclusion that Sri Dhawan, who was inclined to violence on the slightest displeasure could have involved himself in anything and it cannot be said how his murder was committed. Looking at all the circumstances of this case, it cannot be said that this conclusion is entirely baseless. 53. Learned counsel for the accused respondent has vehemently urged that there are many material discrepancies, and interpolations in the police and hospital records, which clearly indicate that the case of the prosecution is not free from doubt. In this respect he has drawn our attention to Ex. kha. 47A, admission register in Military Hospital and pointed out that there is over writing regarding the time of admission of the deceased. We examined this document and found some substance in this allegation. There is over writing on the time of admission, which Dr. In this respect he has drawn our attention to Ex. kha. 47A, admission register in Military Hospital and pointed out that there is over writing regarding the time of admission of the deceased. We examined this document and found some substance in this allegation. There is over writing on the time of admission, which Dr. B.R. Sharma (P.W. 22) could not explain. Dr. Sharma h'as admitted in his statement on page 119 of this paper book as under "Pahle jo entry ki gayee thi wah yeh tbi, Civilian. Sri Nitya Nand Dhawan was brought by Sri H.R. Dhawan to this hospital by car, sustained stab injury at a marriage party. Patient sustained 1" x 1" stab wound left pectoral region. Iske bad ko katkar dusri entry ki gayee. Jo kati huyee entry hai usme ki by Sri H.R. Wadhwa bad ko oopar likh a gaya. Jo entry kati huyee hai use ek inter ne likha tha. Jo ek doctor tha jiski training ho rahi thi. Jab maine ise padha to maine dekha ki kuchh particulars is entry me nahin note huye jo jaruri the is liye maine ise katwa kar usi interneese se dictate kaike bad ko entry karayee aur is entry ke niche maine dastakhat kiye. Dusri entry me jo time of admission hai usme over writing hai lekin jo yeh kahana bada mushkil hai ki yeh over writing kaise hua. Yeh ho sakta bai ki pahle kuch aur time likha gaya phir bad ko hisab lagane par yeh maloom hua ki wah time nahin tha balki koi aur time tha aur tab over writing ho gaye." 54. Learned counsel drew our attention towards Ex. kha. 23 which shows the departure of crime breach time at 12.40 P.M. but the statement of Om Prakash Mehta (P W. 19) S.L shows that he started at 9.15 P.M. for Military Hospital on 6-3-1973. 55. Next the learned counsel for the accused respondent drew our attention to Ex. ka. 40 to ka 46 and statement of Pannalal (P.W. 12) Police Photographer which indicate that photographs (Ex. kha 43 to Kha 46) of blood stained earth from inside the reception gate were taken. An attempt was made to suppress this fact but this fact has been brought out on the record in the cross-examination. ka. 40 to ka 46 and statement of Pannalal (P.W. 12) Police Photographer which indicate that photographs (Ex. kha 43 to Kha 46) of blood stained earth from inside the reception gate were taken. An attempt was made to suppress this fact but this fact has been brought out on the record in the cross-examination. It has also come in evidence that this earth was not sent for chemical examination, because the I.O. himself decided that it was not blood. 56. All the aforesaid discrepancies, interpolations and over writing also create doubt about the correctness of the prosecution case. 57. There is no doubt that a number of advocates have come as witnesses and ordinarily their evidence is entitled to great weight but in the first instance none of them are eyewitnesses of the occurrence and they have deposed only about the dying declaration and some other circumstances to which we have referred to in the earlier part of the judgment. No implicit reliance can be placed on the three dying declarations. Under these circumstances some of the reasons of the learned Sessions Judge may be wrong but ultimate conclusion drawn by him cannot be said either unreasonable or perverse. Therefore, the judgment of the learned Sessions Judge needs no interference by this Court. 58. After going through the entire evidence on record with great care and caution, we are of the opinion that the prosecution has failed to prove its case against the accused respondent beyond any reasonable doubt. Therefore, this appeal has no force' and is liable to be dismissed. 59. In the result the appeal fails and is dismissed. Judgment and order of the learned Sessions Judge are maintained. The appellant is on bail. He need not surrender. His bail bonds are discharged.