JUDGMENT D. P. Sood, J.—The general question requiring determination of this Court in the instant case is as to "whether the trial Court below has wholly mis-appreciated the evidence while recording the acquittal of the accused." Id this appeal the firm answer is to be in the negative. 2 Briefly stated, Shri Ram Ditta,, deceased, was employed as peon-cum-chowkidar in the Government Middle School, Talmehra since 1962. His residential room was part and parcel of the said school Despite opening of school after summer vacation on September 1, 1972, he remained absent from duty till September 4, 1972 evening when emitting of excessive foul smell from his room locked from outride attracted PW Amar Swarup, headmaster as also other school staff They broke open the lock of the room and found a decomposed dead body of a person which was later identified to be that of employee aforesaid. PW 8 Amar Swarup sent a written information Ex. PF to S» H. O., Barsar which culminated into recording of Daily Diary No. i0 on September 5, 1972 at 9.05 p m and ultimately F. I R. Ex. PU at Ibe instance of Rattan Singh PW 7 was recorded on September 5, 1972 at 9.05 p. m in which accused was named as a suspect. 3. On receipt of information, the police machinery came into action. The Investigating Officer visited the spot, visually inspected the bloodstained but decomposed dead body lying on the cot inside the room, got it photographed, prepared its inquest report (Ex. PA) on September 5, 1972 and after duly taking into possession, despatched the same to Civil Hospital, Hamirpur for postmortem. After observing codal formalities he also took into possession the incriminating articles before the persons present there and recorded their statements, During investigation the Investigating Officer also obtained the postmortem report and Chemical Examiners report besides that of Serologist. Thus after completion of investigation, challan against the accused was filed charge under section 302 I P C. was framed but the accused was acquitted vide the impugned judgment dated January 31, 1983 passed by the learned Sessions Judge, Hamirpur and Una Districts at Una. 4. The accused abjured the guilt and pleaded false implication. In his defence under section 313 Cr. 4. The accused abjured the guilt and pleaded false implication. In his defence under section 313 Cr. P. C. he admitted that the deceased was his Jija and that for 12 days prior to the incident he was residing with and messing together with the deceased in the latters residence who was working as peon-cum-chowkidar in Government Middle School, Talmehra since 1968. Thereafter he admitted to have left for Bombay since after August 22, 1972 where he worked as a labourer According to him, his brother-in-law used to take tea and make purchases from the shop of P. W> Ranjit Singh and was acquainted with him as also other co-villagers On the previous day when he left for Bombay, he alongwith his brother-in-law attended a community feast in an adjoining village wherefrom the latter left for village Karoh directing him (the accused) to await his (the deceased) arrival at the shop of Rattan Singh PW 7 which instructions were accordingly complied with. The underlying reason for suddenly leaving Talmehra was initially the search of his brother-in-law and on remaining unsuccessful in this respect he, a school student, left for Bombay to avoid being beaten up by his brother, a military personal because of having failed twice in 7th Class He, however, admitted having surrendered himself before J» M. I. C , Una in June 1982 in this case. 5. The prosecution produced 14 witnesses in support of its case whereas the defence led no evidence. Out of them PWs I to 5, 7, 8 and 10 are some important witnesses from the point of view of prosecution. PW 1 Dr. R K Gupta states that the dead body was in a decomposed condition. He further detected an incised wound approximately 3" X 1” running obliquely forwards and downwards from 1-1/ J behind the right ear. The skin margins of the wound were well defined and clear cut, The upper angle of the wound was well defined but the lower end could not be made out due to missing of skin and soft tissues of lower part and front of neck. He also observed fracture of right mendible infracondyler region. The lower border of the body of mandible left was chopped of with a sharp cut. The depth of the wound could not be ascertained due to missing of soft tissues. He also observed fracture of right mendible infracondyler region. The lower border of the body of mandible left was chopped of with a sharp cut. The depth of the wound could not be ascertained due to missing of soft tissues. In his opinion the death was due to shock and haemorrhage caused by sustaining aforesaid injuries. According to him, the probable time that elapsed between injury and death was almost instantaneous and between death and post-mortem about 15-16 days. He also opined that the aforesaid injuries caused with a darat Ex. P-1 were ante-mortem and sufficient in the ordinary course of nature to cause death. 6. PW 2 Ranjit Singh is the Central witness who has stated on oath that the accused was seen with the deceased at about 4.30 p m, in the evening of August 21, 1972 as they had a tea at his shop. Further in the early hours ot morning of August 22, 19/2 at about 3.30 a. m. the accused approached him and sat on his cot. At that time the accused was in an extremely preturbed state of mind On enquiry, the accused stated he was feeling frightened because of lonliness in the house as the deceased (his brother-in-law) had gone to PW 5 Munshi Rams house. According to this witness the accused stayed there for 25 minutes. PW 4 Baldev Raj was also sleeping nearby and he had also been awakened by the arrival of the accused. 7 As oer PW 3 Dhani Ram, accused took a darat Ex, P-l for cutting wood allegedly at the behest of the deceased. PW 7 Rattan Singh, owner of the tea shop, unfolded that the deceased used to take tea on credit basis at his shop. PW 8 Amar Swarup, headmaster of the Government Middle School, Talmehra, as earlier stated, found the decomposed dead body. PW 9 Lakhmi Chand, Lambardar, identified the dead body. 8 PW 10 Dharam Singh held duel charge that is besides being a teacher he was also discharging the duties of a postmaster in village Talmehra. According to him, the deceased for the last time sent money by money order in February 1972 to his maternal uncle Bhuru Ram. 9. The remaining witnesses are of formal nature. 8 PW 10 Dharam Singh held duel charge that is besides being a teacher he was also discharging the duties of a postmaster in village Talmehra. According to him, the deceased for the last time sent money by money order in February 1972 to his maternal uncle Bhuru Ram. 9. The remaining witnesses are of formal nature. They provide link evidence with respect to motive and taking into possession of the incriminating articles from the spot and obtaining of Chemical Examiners and Serologists reports. 10. The learned Assistant Advocate General appearing on behalf of the State has contended before us that the view taken by the trial court is wholly unsound and perverse inasmuch as the accused was last seen with the deceased and conduct of the accused in visiting PW 2 Ranjit Singh in an extremely perturbed state of raind and thereafter going to PW 5 Munshi Ram and asking the latter to show him the way to Bangana on the pretext that his brother-in-law Ms left for that place showed his guilty mind. Further it is pointed cut that the factum of the deceased in not sending money to his wife shows that the accused had nursed a grievance against the deceased and this confirms the motive for committing the offence. Lastly, absconding of the accused from the place of occurrence despite knowing that the whereabouts of his brother-in-law could not be located by him shows that he is the perpetrator of the crime and none else. 11 There can be no doubt nor it is in dispute that deceased Ram Ditta met with a homicidal death. There is no direct evidence in this case. The prosecution case entirely rests on circumstantial evidence, referred to above. Admittedly, the occurrence had taken place in the year 1972 and the statement of the prosecution witnesses were recorded by the trial court after a lapse of 11 years because as per the prosecution the accused being a proclaimed offender, had surrendered before J. M.1. C, Una in June 19a2. Human memory ordinarily fades with the passage of time but, in the instant case we are aware of the fact that the prosecution witnesses have given exact particulars with specific dates pertaining to the happennings. 12. C, Una in June 19a2. Human memory ordinarily fades with the passage of time but, in the instant case we are aware of the fact that the prosecution witnesses have given exact particulars with specific dates pertaining to the happennings. 12. Thus after going through the entire evidence adduced by the prosecution in this case, we do find that there is some amount of consistency in their evidence but mere congruity or consistency are not the sole test of truth. Sometimes even falsehood is given an adroit appearance of truth so that the truth disappears and falsehood comes on the surface. This appears to be one of those cases. 13. The accused was aged 15 years at the material time. He was closely related to the accused and was living with the latter for the last 10-12 days prior to the occurrence. Had fie any mala fide intention, he would have committed the offence immediately after his arrival as none was there in the school because of summer vacation. On the other hand, the record shows that the accused had cordial relations with the deceased and the latter did not complain against the accused to any one at any time during the tenure he lived with him. As already stated, both the deceased and the accused attended a, community feast together in a nearby village after which the deceased went to village Karoh directing the deceased to await his arrival at the shop of PW 2 Ranjit Singh. The accused arrived at PW 2 Ranjit Singhs shop at 4.30 p. m. In this view of the matter, the last seen theory put up by the prosecution does not appear to be correct. Even according to the prosecution the entrance door of the room of the deceased was locked from outside. The accused had visited PWs 2 and 4 in the early hours at about 3.30 a. m and PW 5 Munshi Ram immediately thereafter. He made enquiries from all these witnesses regarding the whereabouts of his brother-in-law. The mere fact that he was seen in an extremely preturbed state of mind by PW 2 and PW 4 was but a natural conduct of the accused. In fact, all these PWs had answered the query of the accused regarding visit of his brother-in-law to their respective places in the negative. The mere fact that he was seen in an extremely preturbed state of mind by PW 2 and PW 4 was but a natural conduct of the accused. In fact, all these PWs had answered the query of the accused regarding visit of his brother-in-law to their respective places in the negative. It appears that the accused being a child, after having awaited his brother-in-law at the* shop of PW 2 Ranjit Singh must have gone to the residential quarter and finding the entrance door locked from outside had gone to the aforesaid witnesses. Further it was night time. Thus, the witnesses having seen the accused in a frightened state of mind was but a tfatural course of human conduct. It also emerges from the statement of PW 5 that the accused had come to him runningly. Further from the cross-examination of this witness emerges that the deceased was visiting off and on his house. Before the police, this witness does state that Ram Ditta had come to his house for enquiring about his health though be denied the fact in the Court and was thus confronted with portion A to A in Ex. DA. In the circumstances, it was not unnatural for the accused in going to PW Munshi Rams house for making enquiries about the where about of his brother-in-law. The conduct of the accused appears to be in consonance with the innocence than that of his guilty mind. 14. There is not an iota of evidence on record to show that the accused was seen with the deceased after attending the community feast. Rather letters Exs. D-l to.D-3 which the deceased had written to his maternal uncle Bhuru Ram disclose that the deceased had quarrel with some persons, two or three in number, and due to this reason he declined to visit his home during the summer vacation. In such circumstances, the possibility of persons other than the accused having committed the crime in question cannot be ruled out. Moreover, PW 1 Dr. R. K. Gupta has given the probable time that elapsed between injury and death to be instantaneous and between death and postmortem about 15-16 days. Thus, the possibility of the deceased having been murdered after August 22, 1972 also cannot be ruled out. 15. Moreover, PW 1 Dr. R. K. Gupta has given the probable time that elapsed between injury and death to be instantaneous and between death and postmortem about 15-16 days. Thus, the possibility of the deceased having been murdered after August 22, 1972 also cannot be ruled out. 15. As regards the presence of human blood on the pant of the accused, suffice it to say that the accused denied the ownership of the pant in question. Assuming for the sake of arguments that the part was owned by the accused, the possibility of its having been smeared with human blocd cannot be ruled out as the same was found from inside the room nearby the cot where the dead body was found. 16. The factum of absconding from village Talmehra has fully been explained by the accused in his statement recorded under the provisions of section 3!3 Cr P. C. admittedly, he was a school going child He had failed twice in the 7th class. According to him his brother employed in the army had come home and he being not good in studies was used to be beaten by his brother and in order to avoid such beatings he had left home, This explanation synchronises with the factum of his stay with the deceased for 10 or 12 days prior to the occurrence. In fact, he had left home and come to his brother-in-law. He got .himself employed for 4 or 5 days at a shop confronting the shop of PW 2 Ranjit Singh as per the prosecution case and thereafter he left for Bombay and worked there as a labourer. 17. These intrinsic circumstances speak volume against the prosecution case and raise considerable amount of suspicion in our minds regarding complicity of the accused in the commission of the offence in question. It is well settled that while witnesses may lie, circumstances do not. 18. The trial court has considered the evidence of prosecution witnesses in great detail and held that their evidence does not inspire confidence. It is also well settled that the order of acquittal should not lightly be interfered with as the trial judge has the additional advantage of watching the demeanour of the witnesses and that if two reasonable views are possible one which is more favourable to the accused should not be accepted 19. It is also well settled that the order of acquittal should not lightly be interfered with as the trial judge has the additional advantage of watching the demeanour of the witnesses and that if two reasonable views are possible one which is more favourable to the accused should not be accepted 19. In the instant case we have gone through the entire material minutely and thus applying the abovesaid tests, we find that the trial court has given sound reasons and there is no ground whatsoever to hold that the said reasoning is in any way wholly unsound and perverse. Therefore, we see no grounds to interfere in the matter. The appeal is, therefore, dismissed. Appeal dismissed.-