JUDGMENT G.D. Dube, J. - The appellants have preferred this appeal against the judgment and order of IV Additional Sessions Judge, Bulandshahar, convicting the appellant Ramvir under section 302 of I.P.C. and Rampal Singh and Chatar Singh U/s. 302 read with 34 of I.P.C. Each of them have been sentenced to imprisonment for life. 2. The appellants are brothers. It is the prosecution case that in an election of Director of a cooperative society an enmity had developed between the accused and the complainant party. At that time Ramvir had threatened Yashpal that he will not leave him alive. It was alleged that when Yashpal was going to his Gher the appellants had ambushed him at 6.15 p.m. on 17.6.1978 near the field of Nekram in village Nandauna, P.S. B.B. Nagar, District Bulandshahar. Chatar Singh and Rampal caught hold of Yashpal and Ramvir inflicted knife blow. On alarm of Yashpal the witness Rajpal Singh, P.W. 2, Nakram P.W. 3 and Deepal Singh, P.W. 4 arrived. The assailants ran away. Yashpal died at the spot. 3. After the occurrence Giriraj Singh lodged a written report at 7.35 p.m. same day in the above mentioned police station. The investigation was taken up by Ramvir Singh, S.I. (P.W. 7). He conducted the usual inquest and sent the body to the mortuary for post mortem. He collected blood stained and plain earth from the spot, prepared site plan and after other investigation and interrogation submitted charge-sheet. 4. The postmortem of the dead body of Yashpal was conducted at 3.30 p.m. on 18.4.1978 by Dr. Aqil Ahmad P.W. 5 who found one stab wound 1.5" x 1" x chest cavity deep on right side chest 2" above the right nipple at 12 o'clock position. The 2nd and 3rd ribs had fractured. Pleura and right lung were lacerated. There was four ounces of semi digested food of blackish colour in the stomach. Small intestine too had semi digested food. Large intestine had faecal matter. Doctor opined that the death was caused about a day back on account of shock and haemorrhage. 5. To substantiate the accusations made against the appellants the prosecution examined four eye witnesses namely P.W. 1 Giriraj Singh, P.W. 2 Rajpal Singh, P.W. 3 Nekram and P.W. 4 Deepal Singh. Others were formal witnesses. 6. The appellants had pleaded not guilty to the charges. 5. To substantiate the accusations made against the appellants the prosecution examined four eye witnesses namely P.W. 1 Giriraj Singh, P.W. 2 Rajpal Singh, P.W. 3 Nekram and P.W. 4 Deepal Singh. Others were formal witnesses. 6. The appellants had pleaded not guilty to the charges. They had examined Krishana Kumar Bharadwaj an employee of Collectorate Buland shahar. This witness had deposed that special report of the case was received in office of District Magistrate on 25.4.1978. 7. After assessing the evidence the learned Sessions Judge found the appellants guilty. The learned counsel for the appellant urged that the occurrence had taken place in dark hours, the presence of digested food in the stomach and small intestine speaks that the deceased had died after three to four hours of taking meals. It is so presumable that the deceased would have taken meal at about 3 p.m. It is possible that the deceased had taken meal at about 7 p.m. Thereafter he was killed at about 10 p.m. The report was antetimed and the whole evidence was adjusted accordingly. 8. Giriraj Singh P.W. 1 has stated that he has his house and Gher in jungle. He was going to the village to ask the labourers to come to his field for harvesting. He had not seen the actual assault. He had seen the assailants running away from the place of occurrence. He saw his son Yashpal in an injured condition. This witness admitted that he had not written the First Information Report that Ramvir had a knife in his hand on account of grief. This witness was recalled for cross-examination on the request of the appellants. In this cross-examination the witness admitted that the marriage of the Youngest son of this witness was settled in village Garhi of District Ghaziabad. The witness denied that Bhanwar Singh father of the appellants got this marriage settlement (Sagai) cancelled and settled with the son of Nawab. He, however, admitted that Prempal son of Nawab was taken by the investigating officer to the police station. He was released after twenty four hours. This is a pointer to this fact that till the next day suspicion was hovering around Prempal and that is why this person was taken to the police station, detained for twenty four hours and released thereafter. 9. He was released after twenty four hours. This is a pointer to this fact that till the next day suspicion was hovering around Prempal and that is why this person was taken to the police station, detained for twenty four hours and released thereafter. 9. There was ample opportunity to the investigating officer to get this case registered at his desired time. The investigating officer Rambir Singh, Head Moharir P.W. 9 admitted in his cross examination that prior to this case no case was registered in the police station. After this case the next case was registered at 8 a.m. on 18.4.1978. Thus there was ample time upto 8 a.m. on 18.4.1978 to suitably adjust the time of lodging of this case. 10. The presence of digested food in the stomach casts a shadow of doubt on the prosecution story that the occurrence took place at 6.15 p.m. The presence of digested food in the stomach and small intestines was possible only when the deceased had taken meal between 2 to 3 p.m. Neither the public prosecutor nor, the counsel for the defence tried to elicit any fact from Giriraj Singh that the deceased under any special circumstance had taken meal as late as between 2 to 3 p.m. 11. Modi in his book 'Medical Jurisprudence and toxicology' has expressed that contents of stomach, intestines and the urinary bladder furnish important particulars for fixing the time of death. There are vital findings of the person conducting autopsy and ought to be examined by the trial court while appraising the evidence and fixing the time of death of the victim. Prosecution and defence must not be oblivious of these facts and ought to elicit such facts which may throw light on the findings of the doctor. Both prosecution and defence have failed to perform their duties and assist the court in bringing crucial facts on record. Even the trial court had missed to question the P.W. 1 Giriraj Singh, as to when his son took his day meal. 12. When evidence has not been brought forward we may proceed on the basis of ordinary human conduct. Yashpal had gone to bring the money of sugarcane supplied by him. Hence he must have taken meal by noon which is the ordinary time of meal in village. In that case food could not be present in the stomach at the time of death. Yashpal had gone to bring the money of sugarcane supplied by him. Hence he must have taken meal by noon which is the ordinary time of meal in village. In that case food could not be present in the stomach at the time of death. Dr. Aqil Ahmad, P.W. 5 has admitted in cross-examination that death of Yashpal was possible between 10 and 11 p.m. This opinion becomes probable if the deceased had taken meal at about 7 p.m. 7 p.m. is generally the time when villagers take their meals. 13. There was ample time at the disposal of the investigating officer for adjustment in this case. P.W. 5 Jagmohan Sharma, constable who had taken the dead body to the mortuary stated that the dead body was handed to him at about 12.30 in the night. He reached Bulandshahar at 9.10 on 18.4.1978. He reached in the District Hospital at 11 a.m. These timings indicate that if murder had taken place between 10 and 11 p.m., the investigating officer could easily adjust all the timings. If the assailants were known, why Prempal was arrested and released after twenty four hours. There is no explanation why special report was received in the office of the District Magistrate on 25.4.1978. From the above facts we are convinced that the report was ante-timed. Actually none of the witnesses had seen the occurrence and are coming forward with a totally cooked story. 14. P.W. 2 Rajpal Singh had stated that at about 6.15 p.m. he was going from his house towards the field when he saw the occurrence. This witness had stated that he had told Giriraj that Chattar Singh and Rampal had come out from the field of sugarcane whereas Rajbir had come nearby the bushes. Site plan Ext. Ka 11 does not show any field of sugarcane nearby. At point 'B' some Khajur bushes were shown to be standing at the time of local inspection by the Investigating Officer. This witness had admitted that his fields are situated towards southeast of the village Mandola. The site plan shows that the village Mandola was situated towards west of the place of occurrence. If this situation was correct then there was no occasion of this witness to have gone to the place of occurrence. This witness had admitted that his fields are situated towards southeast of the village Mandola. The site plan shows that the village Mandola was situated towards west of the place of occurrence. If this situation was correct then there was no occasion of this witness to have gone to the place of occurrence. If he had started from his house in his village then he would have gone towards southeast not west of the village where the place of occurrence exists. 15. P.W. 3 Nekram has stated that he was present on his tubewell from 2 p.m. There was no electricity. He had gone to irrigate his filed. He was waiting for the electricity. This version is not acceptable. We do not think that anybody would wait for electricity for more than four hours at his tubewell. This witness stated that he had heard the alarm of Yashpal from his tubewell. Thereafter he had rushed from his tubewell. According to him Yashpal was at a distance of 50-60 yards from his tubewell. Keeping in view this distance it is obvious that by the time this witness heard alarm the knife blow must have been inflicted. In these circumstances there was no possibility of this witness to witness the occurrence. 16. Deepal Singh P.W. 4 had also stated that he had gone to see his field when he saw the occurrence. This story itself appears to be incorrect. There was no purpose for going to see the field at that hour of sunset. This witness had stated that when Yashpal raised alarm 20-25 persons working near his field had arrived. On the other hand Nekram P.W. 2 had stated that except witness none had arrived at the spot. 17. We have examined the statements of the witnesses minutely and meticulously. We find that witnesses are supporting a fabricated story. The medical evidence does not indicate that the deceased had died at about 6.15 p.m. On the other hand it appears that deceased had died at about mid-night. The statement of the prosecution witnesses also does not inspire confidence. In view of these circumstances we are of the opinion that the evidence of the prosecution was not of such a character which could lead to the irresistible conclusion that the appellants had actually committed murder. The appeal should be allowed. 18. The appeal is allowed. The statement of the prosecution witnesses also does not inspire confidence. In view of these circumstances we are of the opinion that the evidence of the prosecution was not of such a character which could lead to the irresistible conclusion that the appellants had actually committed murder. The appeal should be allowed. 18. The appeal is allowed. The judgment and order of the lower court are set aside. The appellants are acquitted of the charges levelled against them. Their bail bonds are cancelled and sureties are discharged.