JUDGMENT 1. - The Additional Sessions Judge, Gangapur City, by his judgment dated January 5, 1990, has convicted the accused-appellants Nathya, Lallu and Patasya for offence under Section 302 IPC and has sentenced each of them to imprisonment for life and with a fine of Rs. 250/- each. So far as accused-appellants Lal ji, Ram Khiladi and Mst. Para are concerned, they hive been found guilty for the offence under Section 323 IPC but they have been released after admonition under Section 3 of the Probation of Offenders Act. However each of them have been made liable to pay Rs. 200/- as compensation to injured Mst. Jhooma PW 3. All of them have come in appeal before this Court. 2. The incident occurred on February 25, 1985 at about 8 or 9 a. m. in the vicinity of Dhani Dayala of village Amavra under Police Station Gadhmora (District Sawai Madhopur). Victim of the offence was Ram Kishore @ Kishore Meena who was real brother of Badri PW 4. On receipt of a radiographic message from incharge Police Station, Bamanwas, Shamsher Singh PW 15, SHO, Police Station Gadhmora reached Primary Health Centre, Bamanwas and there he recorded the "parcha bayan". Ex. P. 1 of Badri PW 4. Badri narrated the incident in his "parcha bayan" Ex. P. 1 in this manner that at about 8 or 9 a. m. on February 25, 1985, he alongwith his three other brothers named Ram Kishore @ Kishore, Heera and Bharat Lal were filling the "dabra" (small pond) with water after starting the electric engine installed on the nearby well for their field and cattle. At that time the accused-appellants came there armed with lathis and asked Badri and his three Brothers not to fill water in the "dabra". The latter stopped the filling of water. The accused party began to abuse Badri and his brothers. Ram Kishore entreated to pacify them but thereupon Lallu son of Chander yielded a lathi blow on the head of Rim Kishore and Nithya also inflicted another blow by lathi. Ram Kishore fell down on the ground. Patasya inflicted lathi blow on the head of Ram Kishore after the latter had fallen down to the ground. Ram Kishore became unconscious. Mst. Jooma, mother of Ram Kishore, fell on the body of Rain Koshore to save him but then, Mst. Ram Kishore fell down on the ground. Patasya inflicted lathi blow on the head of Ram Kishore after the latter had fallen down to the ground. Ram Kishore became unconscious. Mst. Jooma, mother of Ram Kishore, fell on the body of Rain Koshore to save him but then, Mst. Paran appellant inflicted blows on various parts of the body of Mst. Jhooma by "Kudari". Upon hearing the noise of the incident, neighbours Newaliya and Bhajni and other village people also arrived at the scene of occurrence. The accused-appellants then left the place of incident for their houses giving threats. Ram Kishore was brought to Primary Health Centre, Bamanwas in a camle-cart but at the centre, the doctor declared Ram Kishore as dead. It was stated in the 'parcha bayan' by Badri that their dispute relating to the field, "dabra" and well was going on for last several years and, therefore, the appellants were making a plan to murder Ram Kishore for last many days. Upon this "parcha bayan", a case was registered at Police Station Gadhmora for offences under Sections 147, 148, 149 and 302 IPC. Usual and necessary investigation followed. Appellants were chargesheeted on 9-5-1985 in the court of Judicial Magistrate, Gangapur City who, by his order dated 18-7-1985, committed them for trial to the Court of Sessions Judge, Sawai Madhopur. The Sessions Judge, Sawai Madhopur transferred the case for trial to the Court of Addl. Sessions Judge, Gangapur City. The Addl. Sessions Judge, Ganapur City, after trial, found the appellants guilty as aforesaid and sentenced three appellants named Nathya, Lallo and Patasya to imprisonment for life for offence under Section 302 IPC and admonished the three remaining appellants under Section 3 of the Probation of Offenders Act in relation to the offence under Section 323 IPC found to have been committed by them. 3. It may be mentioned at the outset that the accused-appellants in their statements under Section 313 Cr. P. C. have denied the incident and the various facts and circumstances appearing against them in the prosecution evidence. Ram Khiladi appellant has stated that the land in dispute bearing Khasra No. 1454/5 measuring 3 big has belongs to him as it was allotted to him in the year 1975. He had sown ground-nut crop on it. P. C. have denied the incident and the various facts and circumstances appearing against them in the prosecution evidence. Ram Khiladi appellant has stated that the land in dispute bearing Khasra No. 1454/5 measuring 3 big has belongs to him as it was allotted to him in the year 1975. He had sown ground-nut crop on it. The complainant party did not allow him to harvest the crop and, therefore, he applied to the Tehsildar for affording him police assistance and with that assistance, be could harvest his crop. He had also initiated a case against the complainant party for the latter having cut and removed his crop. He has produced entries from revenue record, site plan and some other documents in support of his version. 4. The learned counsel for the appellants submitted that the first version about the incident has been suppressed by the prosecution & the 'parcha bayan' Ex. P. 1 is a belated and concocted document. It was next contended that the alleged incident took place on the land bearing Khasra No. 1454/5 owned and possessed by Ram Khiladi. The new Khasra numbers assigned to it are 4104 and 4160. It was submitted that the trial court was wrong in holding that the place of incident was a part of the land belonging to the complainant party. The prosecution version that Nathya, Lallu and Patasya each inflicted one injury on the head of Ram Kishore deceased does not find support from the medical evidence. A distorted version has been given to the incident by implicating all adult persons belonging to the family of two brothers Jinsi and Rangl il. Statements of eyewitnesses Bhajni PW 1 and Mewalia PW 2 were recorded by the police after inordinate delay and they suffer from material contradictions and in consistancies. As regards Mst. Jhumma PW 3 and Badri PW 4, it is stated that they are not only enemical to the accused persons but are also highly interested witnesses. Heera PW 8 and Bharat Lal PW 9, who have been examined as eye-witnesses, are, it was submitted, made up witnesses. The learned counsel concluded that in any case, offence under Section 302 IPC is not made out against Nathya, Lallu and Patasya appellants. The learned Public Prosecutor fully supported the judgment of the trial court and the reasonings given in it for convicting and sentencing appellants Nos. The learned counsel concluded that in any case, offence under Section 302 IPC is not made out against Nathya, Lallu and Patasya appellants. The learned Public Prosecutor fully supported the judgment of the trial court and the reasonings given in it for convicting and sentencing appellants Nos. I to 3 for murder of Ram Kishore and also the conviction of Lalji, Ram Khilari and Mst. Para for offence under Section 323 IPC. 5. Ratan Singh PW 5 (Head Constable) was incharge of Police Station, Bamanwas on February 25, 1985. At about 1.30 p.m. he received a communication Ex P. 12 from the Medical Officer incharge of Primary Health Centre Bimanwas to the effect that Ram Kishore son of Bhoma, Meena of village Amavra Ki Dhani, who had arrived at the Centre in a camel-cart just then, had expired and, therefore, the in-charge Police Station, B ,manwas should initiate action for the autopsy of the dead-body of Ram Kishore. On receipt of this communication Ratan Singh PW 5 along with Manzoor Khan L. C. and Dhara Singh Constable left Police Station, Bamanwas for Primary Health Centre after making necessary entry Ex. P. 3 in the roznamacha and before starting from the police station at about 1.30 p.m., he also passed on this information by radiogram to the Circle Officer, Gangapur and the SHO, Gadhmora. After reaching the Primary Health Centre, he gave requisition to the Medical Officer to hold a post-mortem examination on the body of deceased Ram Kishore. He also gave a separate requisition Ex. P. 14 for medical examination of the injuries sustained by Mit. Jhumma and Badri. Ratan Lal had returned to Police Station, Bamanwas at about 5.55 p.m. that day and he made the entry Ex.P. 4 in this regard in the roznamcha. In Ex. P. 4 Ratan Singh noted that on reaching the Primary Health Centre, Bamanwas. he submitted written requisition to the Medical Officer in respect of injuries sustained by injured. In the meanwhile Shamsher Singh, SHO, Police Station Gadhmora arrived at the Centre. Ratan Singh assisted Shamsher Singh SHO in inquest proceedings & postmortem. The original communication of the Medical Officer-in-charge Ex. P. 12 was handed over by Ratan Singh to Shamsher Singh. The inquest report Ex. In the meanwhile Shamsher Singh, SHO, Police Station Gadhmora arrived at the Centre. Ratan Singh assisted Shamsher Singh SHO in inquest proceedings & postmortem. The original communication of the Medical Officer-in-charge Ex. P. 12 was handed over by Ratan Singh to Shamsher Singh. The inquest report Ex. P. 11 goes to show that Shamsher Singh SHO had received the radiogram message at 1.35 p.m. and he reached from Gadhmora to Primary Health Centre, Bamanwas at 2.00 p.m. by motor-cycle. Distance between Police Station Gadhmora and Primary Health Centre, Bamanwas was 24 kms. In the inquest report it is mentioned that the SHO upon reaching Primary Health Centre, Bamanwas first recorded "parcha bayan" Ex. P. 1 of Badri and sent the same to Police Station Gadhmora through Lala Ram, Foot Constable for registering a case. He then held the inquest proceedings Ex. P. 11. The dead-body of Ram Kishore, after inquest, was forwarded for post-mortem examination under the supervision of Ratan Singh and Dhara Singh to the Medical Officer-in-Charge at about 4.15 p.m. The post-mortem report Ex. P. 13 goes to show that the Medical Officer started the post-mortem examination at 4.30 p.m. After post-mortem examination, the dead body of Ram Kishore was handed over to the relatives of the deceased at 6.30 p.m. 6. The Investigating Officer, Shamsher Singh PW 15 has deposed that on receiving the radiographic message from Incharge, Police Station, Bamanwas, he started from Police Station Gadhmora on a Motor-cycle along with Lala Ram Constable and reached Bamanwas Primary Health Centre and there recorded ,parcha bayan' Ex. P. 1 of Badri. He has further stated that he prepared the inquest report in relation to the death of Ram Kishore and got the post-mortem examination conducted through the Medical Officer-in-Charge, Primary Health Centre,Bamanwas. He has also stated that he also got the injuries, on the body of other injured persons, medically examined. This statement of the Investigating Officer, Shamsher Singh PW 15 does not find corroboration or support from the inquest report, post-mortem report and the injury reports of Badri and Mst. Jhumma Ex. P. 12 merely goes to show that the Medical Officer-in-Charge, Primary Health Cantre, Bamanwas had sent intimation to the Officer-in-Charge Police Station, Bamanwas regarding the death of Ram Kishore who had been brough in a camle cart to the Primary Health Centre. Jhumma Ex. P. 12 merely goes to show that the Medical Officer-in-Charge, Primary Health Cantre, Bamanwas had sent intimation to the Officer-in-Charge Police Station, Bamanwas regarding the death of Ram Kishore who had been brough in a camle cart to the Primary Health Centre. The Medical Officer had written to the Officer-in-Charge, Bamanwas to take steps post-mortem examination of Ram Kishore. The post-mortem examination report Ex. P. 13 contains at its top that it was Ratan Singh PW 5, Officer-in-Charge, Police Station, Bamanwas, who had made requisition to the Madical Officer-in-Charge, Primary Health Centre, Bamanwas to hold a post-mortem examination on the body of deceased Ram Kishore and not Shamsher Singh PW 15. The requisition is signed by Ratan Singh PW 5 & not by Shamsher Singh. The identification of the body of the deceased was also made by Badri & Ratan Singh. The requisition for examining the injuries on the body of Mst. Jhumma and Badri (Ex. P. 14) was also made to the Medical Officer by Ratan Singh PW 5 and that requisition was received by the Medical Officer at 3.00 p.m. The Medical Officer has noted the time of the receipt of the requisition Ex. P. 14 as 3.00 p in. According to Shamsher Singh, SHO, Police Station, Gadhmora, he had reached Primary Health Centre, Banan was at about 2.00 p.m. Had it b:en so, the requisition for post-mortem examination of the dead. body of Ram Kishore deceased ant the requisition for examining the injuries on the body of Mst. Jhumma and Badri w Auld have been made by Shamsher Singh and not by Ratan Singh. The inquest report Ex. P. 1l contains interpolations in the timings at least at three places. In the first place originally, time written about the receipt of information by QST-Radiogram at Bamanwas was mentioned a different time and thereafter it vas corrected as 1.35 p.m. The timing in column No. 2 of Ex P. 1 l regarding reaching of Shamshe Singh to the Primary Health Centre, Bamanwas was originally mentioned a different time but it was corrected by making a change as 2.00 p.m. There is also correction in the time of handing over the dead-body of Ram Kishore to his relatives in as much as originally a different time was mentioned but it was corrected as 6 30 p.m. 7. Dr. J.P. Sharma. Dr. J.P. Sharma. PW 12 has deposed in his cross-examination that before he had send the information Ex. P 12 to the Officer-in-Charge, Police Station, Bamanwas, he had sent it firstly by peon to Police Station, Bamanwas for giving oral information to the Officer-in-Charge of that Police Station. Thereupon the police people came from Bamanwas police Station and he handed over Ex. P. 12 to that police official in the hospital. Admittedly it was Ratan Singh who had reached Primary Health Centre, Bamanwas, first. Dr. J.P. Sharma has also stated that requisition for post-mortem examination of the dead-body of Ram Kishore and for examining the injuries on the dead-body of other two injured persons was given to him by Ratan Singh PW 5. The latter requisition vas given to him at 3.00 p.m. Had in fact, Shamsher Singh, Station House Officer, Police Station, Gadhmora, arrived at Primary Health Centre, Bamanwas at 2.00 p.m as stated by him, it was he who would have given these requisitions to the Medical Officer-in-Charge, Primary Health Centre, Bamanwas and not Ratan Singh. As already stated, there was interpolation in the timings in the inquest report Ex. P. 11. Ex. P. I i also mentions that the dead-body of Ram Kishore was forwarded to the Medical Officer at 4.15 p.m. under the supervision of Ratan Singh and Dhara Singh. It was not forwarded under the supervision of Shamsher Singh himself or under the supervision of Lala Ram who had come with Shamsher Singh. The post-mortem examination was conducted by the Dr. at 4.30 p.m. on the requisition of Ratan Singh. The injuries on Mst. Jhumma and Badri were examined between 3.00 and 3.20 p.m. by the Dr. on the requisition of Ratan S n;h. All these facts go to show that Shamsher Singh, Station House Officer, Police Station, Gadhmora is wholly false when he states that he had reached Primary Health Centre, Baman-was at 2.00 p.m. on 25th February, 1985, that he gave requisition for post-mortem examination and for examination of the injuries on the above two in fired persons to the doctor and this he recorded 'parcha bayan' Ex. P. 1 of Batdri before preparing the inquest report and b fore forwarding the dead-body of the deceased for post-mortem examination. It is also pertinent to note that there is also interpolation in the timing mentioned at the top of 'parcha bayan' Ex. P. 1. P. 1 of Batdri before preparing the inquest report and b fore forwarding the dead-body of the deceased for post-mortem examination. It is also pertinent to note that there is also interpolation in the timing mentioned at the top of 'parcha bayan' Ex. P. 1. All these facts, beyond any reasonable doubt, go to show that 'parcha bayan' Ex. P.1 is an anti-timed document. The 'parcha bayan' was not recorded by Shamsher Singh at 2.00 p.m. of 25th February, 1985. It was definitely recorded by Shamsher Singh after the post-mortem examination of the dead-body was carried out by the doctor and the injuries of two other injured had also been examined by the doctor. The inquest report also had a later origin. Ex. P. 1 is, therefore, not the real First Information Report of the incident. It is an anti-timed document prepared at a later stage by Shamsher Singh. If Ex. P. 1 which has been used as First Information Report, in the case, is held to be spurious document, then the entire edifice of the prosecution will fall on the ground. Anything could be introduced in the First Information Report after going through the post-mortem report and the injury report of Mst. Jhumma and Badri and anything could be mentioned in the inquest report. The inquest report Ex. P. 11 also mentioned the crime case No. as 20/85. At that time, even the crime had not been registered at police Station, Gadhmora and yet a crime case number had been assigned in Ex. P.11. Dr. J.P. Sharma, PW 12 has also stated that the timing 1.30 p.m. mentioned in Ex. P. 12 is not in his handwriting. This goes to show that even the timing 1.30 p.m in Ex.P. 12 has been written subsequently by Police Officer. In the light of the above circumstances, Ex. I ceases to be a First Information Report and in any event it is a spurious document and gives a set blow to the prosecution case. That only exhibits that these Investigating Officers spoil the crime by their own in actions and false preparing of documents to cover up their lapses. In the light of the above circumstances, Ex. I ceases to be a First Information Report and in any event it is a spurious document and gives a set blow to the prosecution case. That only exhibits that these Investigating Officers spoil the crime by their own in actions and false preparing of documents to cover up their lapses. The result of preparing such concocted and spurious documents are that the first informant implicates as many persons as he likes in the `parcha bayan' subsequently recorded and that has happened in the instant case in as much as all the adult family descendants have been made accused in `parcha bayan' Ex. P. 1. Sukbiya had two sons Jinsi and Rang Lal. Lalji, Ram Khiladi, Smt. Para and Patasya are adult descendants of Jinsi while Nathya and Lallu appellants are adult descendants of Rang Lal. Thus all the adult members of the family have been made accused in the instant case. 8. Such anti-timed First Information Report has led Badri to ascribe three injuries as having been inflicted on the body of Ram kishore by Lallu, Nathya and Patasya and on the basis of their this role that all the three have been convicted for the offence under Section 302 IPC. The post-mortem examination report Ex. P. 13 does not clearly show even three injuries on the body of Ram Kishore deceased. The external injury mentioned in Ex. P. 13 is a blueish purple swelling, horse show shaped extending anterior in middle part of right parietal bone to right ear lobe. Posteriorly parietal bone to mastoid process of the mastoid bone due to extra vasation of blood. Direction of swelling postero-anterior. No blood coming out from the both ear, nose and month. Base of the skull-NAD. This external injury does not indicate that there were three injuries on the head or even two injuries. Mainly it indicates only one injury. The internal examination of head mentions depressed fracture 3 x2"xl", of middle part of right parietal bone. The fracture part of the parietal bone deemed into the parietal bore lobe of brain causing marked laceration of brain matter. As a result of this, the broken part brain matter substance came up to fracture part of parietal bone. There was massive hemorrhage from the fractured brain part, its arteries and vein. The fracture part of the parietal bone deemed into the parietal bore lobe of brain causing marked laceration of brain matter. As a result of this, the broken part brain matter substance came up to fracture part of parietal bone. There was massive hemorrhage from the fractured brain part, its arteries and vein. There was massive laceration of the pia and dura remebrane of the brain. This internal injury on head also does not show more than one injury on the head. The evidence of Dr. J.P. Sharma is not categorical in stating that deceased Ram Kishore sustained three injuries on the head. All that he stated in his cross- examination was that the injury mentioned in the post-mortem examination report cannot be result of one injury. It can be result of more than one injury. Thus at best there can be two injuries. There is no medical evidence that there were 3 injuries on the head of the deceased. It is, therefore, not possible to hold that three injuries were inflicted on the head of Ram Kishore deceased by Lallu, Nathya and Patasya. The post-mortem examination report also, therefore, poses serious doubt in the implication of all these three appellants in the murder of Ram Kishore. 9. It may also be mentioned that in 'parcha hayan' Ex. P. 1 Badri did not state that any person inflicted any injury on his body as well. Badri would not have missed to state injury on his body in `parcha bayan' Ex. P.1 when he has narrated in detail the inflicting of injuries on Ram Kishore and Mst.Jhumma. Yet he was also got medically examined & two superficial injuries were also found on his body. 10. Ram Kishore was no doubt murdered in an incident. It might be that the incident took place on the land where there was a "dabra". It might be that it was not established by the appellants that this "dabra" land was owned and possessed by Ram Khiladi. But the entire prosecution case is very much shakened by an anti-timed First Information Report written by Shamsher Singh, SHO where-in even those persons were included who did not commit the crime and it is not possible to separate the grain from the chaff more so when even number of injuries on the head of deceased are not three in number. It is Shamiher Singh, Station House Officer, Police Station, Bamanwas who, by his own inaction and commission, lead us to give all these appellants benefit of doubt and we give the same to them. 11. We, therefore, allow this appeal, set aside the conviction of appellants Nathya, Patasya & Lallu under Section 302 IPC & the conviction recorded in relation to Lalji, Ram Khiladi and Mst. Para for offence under Section 323 IPC. We acquit all of them for the said offences. All the appellants, except Lallu, are on bail. The personal bonds and surety bonds of the appellants, who are on bail, are hear by revoked and they need not surrender. Lallu-appellant will forthwith be released from jail unless he is required in some other case.Appeal allowed. *******