S. K. AGARWAL, J. This appeal has been filed in this Court by Nandu, Kalloo and Lalloo against their conviction under Section 302/34 IPC and Section 307/34 IPC to life imprisonment and consequent sentences of rigorous imprisonment for life and rigorous imprisonment for five years under the aforesaid counts. Both the sentences were to run concurrently. 2. The brief facts of the case are that Dangar Yadav, elder brother of informant PW-1 Prithivi Pal and Smt. Gujarati Devi wife of the informant are residents of vil lage Samraha, P. S. Karchana, District Al lahabad. The appellants, who are father and sons are resident of village Dubawal, P. S. Sarai Inayat District Allahabad. Be tween the two sides litigation was going on in connection with some plots of lands in Kachhar of village Leelapur. The prosecu tion side successfully contested the case from the Court of Additional Commis sioner, Allahabad. The incident of Marpit on 26th February, 1979 occurred between rival party at about 12. 00 Oclock. In this background it is alleged that the informant (PW-1) and his wife (PW-2) were engaged in harvesting their crops in Kachhar. Around noon Nandu, Kalloo and Lalloo armed with Gandasa, lathi and spear respectively reached the scene of occur rence and started be labouring Danger Yadav. Dangar Yadav raised an alarm. The two witnesses PW-1 and PW-2, who were present in the vicinity, tried to save him but they were also assaulted by the above said accused persons. As a result of the assault launched by three appellants Dangar Yadays journey of life came an end on the spot. PW-2 Smt. Gujarati also fell down in the field. An oral report of the incident was lodged at 5. 30 p. m. by Prithivi Pal (PW-1) at P. S. Sarai Inayat. After registration of the case as Crime No. 59 of 1979 the inci dent was investigated by Radhey Shyam Trivedi (PW-4 ). After completing the in vestigation he submit the charge sheet against these appellants. 3. The medical examination of the injuries of Prithivi Pal (PW-1) and his wife Smt. Gujarati Devi (PW-2) was conducted by Dr. Vinay Kumar Dwivedi (PW-8) at 7 and 7. 15 a. m. respectively on 27-2- 1979. Their injury reports are Ext. Ka-17 and Ext. Ka-18. The autopsy was conducted on the person of Dangar Yadav at 3. 00 p. m. by Dr. Vinay Kumar Dwivedi (PW-8) at 7 and 7. 15 a. m. respectively on 27-2- 1979. Their injury reports are Ext. Ka-17 and Ext. Ka-18. The autopsy was conducted on the person of Dangar Yadav at 3. 00 p. m. by Dr. Ramesh Chandra, Medical Officer (PW-7 ). The post-mortem report is Ext. Ka-16. 4. The appellants pleaded not guilty and clal med their trial. They further pleaded that they were falsely involved in the present case due to litigation, which is pending between the parties. They have preferred an appeal in the Board of Revenue and have obtained stay order from there. Lalloo has further added that Shiv Murat (PW-3) was nominated a wit ness in this case against him because of past enmity with him. 5. In support of its case the prosecu tion has led occular testimony of PW-1 Prithivi Pal, PW-2 Smt. Gujarati Devi and PW-3 Shiv Murat. Rest of the evidence is formal in nature. PW-7 and PW-8 are Medical Officers who had conducted the autopsy as well as medical examination of the injuries of two injured. Radhey Shyam Trivedi (P W-4) is the Investigating Officer. Jagannath Prasad (PW-5) is Head Mohar-rir who had prepared check FIR and registered the case. Constable Rajmani Singh (PW-6) escorted the dead body of Dangar to mortuary. 6. Heard learned counsel for the ap pellants and learned AGAfor the State. 7. In this case two arguments have been advanced on behalf of these appel lants. The first submission raised on behalf of the appellants is that the time of occur rence is highly doubtful in the facts and circumstances of the case. The incident appears to have occurred much earlier and the presence of the witnesses is highly doubtful at the alleged time of the inci dent. In this connection stress has been Lal d on the injuries of Prithivi Pal (PW-1) and Smt. Gujarati Devi (PW-2 ). The stress is upon the fact that if the incident had occurred at noon (12. 00 a. m.) why their medical examination were conducted so belatedly. The injuries are also trivial in nature, that it raise a suspicion regarding their genuiness. Coming to the injuries of Gujarati Devi the argument is that her injuries were examined belatedly at 7. 15 a. m. on the next morning i. e. 27-2-1979. The incident had taken place on 26-2-1979 at 12. 00 (noon ). The injuries are also trivial in nature, that it raise a suspicion regarding their genuiness. Coming to the injuries of Gujarati Devi the argument is that her injuries were examined belatedly at 7. 15 a. m. on the next morning i. e. 27-2-1979. The incident had taken place on 26-2-1979 at 12. 00 (noon ). She has sustained two incised wounds and a traumatic swelling on the left shoulder on jls junction. The post mortem report of deceased Dangar Yadav shows that he had sustained two stab wounds both cavity deep one on the right chest and the other on the back. He had also suffered one lacerated wound and an abrasion. The stomach, small intestine and bladder were empty but the large in testine was found loaded. In the light of the nature of the injuries and the facts that one of the injured Smt. Gujarati Devi was ex amined blatedly we have to examine their evidence with great caution and care. En mity is admitted to PW-1 and PW-2 both. 8. The incident is said to have taken place at 12 in the noon Nandu was armed with Gandasa. Lalloo and Kalloo were armed with spear and lathi. The assaul t was launched as soon as the assailants came to the spot. An alarm raised by Dangar Yadav attracted the witnesses including PW-1 and PW-2. The assault was initiated on Dangar Yadav first and thereafter to wit nesses who tried to intervene were as saulted. PW-2 has specifically stated that Dangar Yadav had sustained Bhala injury on the chest apart from lathi injury. After receiving the injuries he fell down and died. The informant clal med that he had himself sustained only blunt weapon in jury whereas his wife had received lathi and gandasa injury. It is apparent that so far as deceased Dangar Yadav is concerned, he was not assaulted by the person armed with Pharsa Le. Nandu and the informant was not assaulted at all by bhala and gandasa. His wife, according to him, was assaulted with lathi and gandasa. But her injuries run con tradictory to what he had stated in his ex amination in chief. There are no gandasa injuries upon Gujrati Devi (PW-2 ). There are two superficial injuries of sharp-edged weapon apart from lathi injuries. 9. His wife, according to him, was assaulted with lathi and gandasa. But her injuries run con tradictory to what he had stated in his ex amination in chief. There are no gandasa injuries upon Gujrati Devi (PW-2 ). There are two superficial injuries of sharp-edged weapon apart from lathi injuries. 9. The informant PW-1 clal med that the distance between the police station and the place of occurrence is 8 miles and he had gone to lodge the report on foot. The civil and revenue litigation was going on for the last 6-7 years. The S. D. O. had declared the possession of appellant Nandu in his judgment, which was sub sequently appealed before the Commis sioner. It is admitted to this witness that after the judgment of the Commissioners Court an appeal was preferred by Nandu in which he was granted stay against the Commissioners order. This stay order was granted some two years before the inci dent. He had not stated that he got posses sion after Commissioners order. He had further admitted that he did not give the number of disputed fields in the FIR. He further admitted that he did not disclose in the FIR that the incident had taken place in the disputed field. He admitted that in the Kachhar of Leelapur he has two fields but feigned ignorance about the measure ment of these two fields independently. He further stated that his statement was recorded by the Investigation Officer after the report. He was again examined after five days in the hospital. He claimed in 161 Cr. P. C. that number of fields is not known to me. He will inform it later. He admitted that the above statement given to the Investigating Officer is correct. He further admitted that litigation was going on with regard to field Nos. 215/1 and 217/5. He further admitted that when he saw other witnesses on the spot his brother and wife had already fallen to the ground after sus taining injuries. He stated that Investigat ing Officer had visited the hospital at 7:00 a. m. and his wife was present there at that time. The Investigating Officer stayed there for about three quarter of an hour. His wife reached the^iospital next morn ing at 6-7. 00 a. m. She was brought there by Sukhdev, Sangam Lal, Balakran and Jaglal. He stated that Investigat ing Officer had visited the hospital at 7:00 a. m. and his wife was present there at that time. The Investigating Officer stayed there for about three quarter of an hour. His wife reached the^iospital next morn ing at 6-7. 00 a. m. She was brought there by Sukhdev, Sangam Lal, Balakran and Jaglal. He and his wife were medically ex amined before the arrival of the Investigat ing Officer. The Investigating Officer had enquired only about actual possession over the disputed plot from them. He had also enquired from them about the actual place of occurrence. He gave their medical examination reports to the Investigating Officer. These reports were given to them by the doctor. He stated that on the day of accident a constable took him to the hospi tal. Doctor was not present. That con stable went back to the police station and did not return that night. During night no relative or any villager came to see him in the hospital. He stated that when he had gone to lodge the report to the police station his wife was lying unconscious. He had not disclosed to any body that he is going to lodge the report. He stated that the papers were prepared with regard to taking blood stained clothes by the Inves tigating Officer. It bears signatures of the Shambhu Nath and Varamdin. He denied that these two witnesses had signed the memo in his presence. With regard to recovery memo of his wifes clothes he was unable to name its signatories. He stayed on the spot for about 45 minutes after the appellants ran away. He admitted that he had not asked the witnesses to take his wife to the hospital or the police station. He admitted that in that period i. e, 45 minutes except three nominated witnesses none came to the spot. He stated that since he had injuries therefore he did not start for the police station immediately and started only after some relief was felt. In order to explain the delay in the F. I. R. he stated that he had gone to the police station slowly because he was not able to walk or move briskly. He stated that since he had injuries therefore he did not start for the police station immediately and started only after some relief was felt. In order to explain the delay in the F. I. R. he stated that he had gone to the police station slowly because he was not able to walk or move briskly. This statement of the witness is contrary to what is written by him in the F. I. R. It is stated in the F. I. R. that "hum KISI TARAH BHAG KE THANA ITTLA KO AYAIN HAIN". He exhibited his inability to explain the now introduced change in the case. He had not carried his wife alongwith him. She was unconscious but he failed to explal n why this fact is not there either in the F. I. R. or in his statement made under Section 161 Cr. P. C. to the Investigating Officer. The Investigating Officer met him in the hospital on three occasions on three different dates. He ad mitted that his brother had suffered only ballam and lathi injuries as stated in the FIR but in his statement under Section 161 Cr. P. C. he has stated that "bhalla LATHI GANDASA SE MAREY LAG". In order to explal n this anomaly the wit ness asserted that Nandu hurled Gandasa but it did not strike his brother. He claimed that the statement made today and the statement recorded in the report both are correct. He further stated that his brother was neither assaulted from behind nor from the sides. According to him he was assaulted from front alone. This runs com pletely contrary to the medical evidence. According to him when he fell down only three assailants came towards him. He did not move at all. He denied any assault on him with Bhala or Gandasa. He was as saulted only with Lathi. Because of head injuries he continued to lie for 5-10 minutes. His wife had fallen in between him and his brother. His wife too was not assaulted with spear. He claimed that he made no attempt to save or protect her. He had admitted that the soil was dry and the crop was standing in six bighas of land. It was, fully ripe for harvesting. He was con fronted with the FIR wherein he had transcribed harvesting the crop". His wife too was not assaulted with spear. He claimed that he made no attempt to save or protect her. He had admitted that the soil was dry and the crop was standing in six bighas of land. It was, fully ripe for harvesting. He was con fronted with the FIR wherein he had transcribed harvesting the crop". He had stated in the trial Court that he was uprooting the crop and not harvesting the same with any equipment. He had ad mitted that the witnesses PW-2 and PW-3 were not harvesting the crop when they arrived at the scene of the occurrence. He admitted very clearly in para-28 that he had not seen anykhurpi, spades or jharu on the spot. Out of two disputed fields he admitted that as far as he remembers the incident had occurred in the larger field. It is stated by this witness that before the date of occurrence his brother used to go to the field about at 9. 00 a. m. and he also used to stay during night at the field. After harvesting he was staying in the khalihan during night hours. He used to stay at his house with the wife. He admitted that near the dead body no bundles of harvested crops were lying. He admitted that his brother used to cook his food at the Khalihan if he stays there during night. On the date of occurrence no food was cooked. On the date of occurrence his brother and his wife had left the house in the morning at 9. 10 a. m. after taking their meals. They had taken rod and dal. 10. Thus we find from the testimony of this witness that the fact he and his wife were assaulted by the appellants with lathi andgandasa not fully borne out. From the F. I. R. it appears that he had not written this fact therein. There was no motive for the appellants. The appellants had won the case against the deceased from the Court of Deputy Collector. The appeal was won by the deceased. Thereafter, Nandu appel lant has obtained stay in the appeal, which was continuing till the date of occurrence. In the FIR number of fields was not dis closed nor it has been stated therein that the incident had occurred in the disputed field. Admittedly the informant had two plots in the kachhar. The appeal was won by the deceased. Thereafter, Nandu appel lant has obtained stay in the appeal, which was continuing till the date of occurrence. In the FIR number of fields was not dis closed nor it has been stated therein that the incident had occurred in the disputed field. Admittedly the informant had two plots in the kachhar. He clal med, that his statement was recorded twice by the Inves tigating Officer once at the police station after FIR and other again on the fifth day in the hospital. In the statement to the Investigating Officer he had stated that he cannot tell the number of fields. He will give it later on. He admitted this statement to be true. According to him he had seen the witnesses at the spot after his brother and wife had already fallen. He further claimed that he has no discussion or talks with the witnesses. He admitted that the Investigating Officer visited him at the hospital on 27th at 6-7. 00 a. m. His wife, according to him, was also with him in the hospital. The Investigating Officer remained there for 45 minutes; In the next breath he admitted that his wife was brought to the hospita 1 at 6-7. 00 a. m. in the morning. No talks took place between him and his wife. According to him the medical examination of his wife had taken place before arrival of the Investigating Officer. These facts are belied from the evidence circumstances as were from the evidence of Investigating Officer. The medical ex amination of injured Prithivi Pal (PW-1) was conducted on 26-2- 1979 at 7. 00 a. m. whereas the medical examination of Gujarati Devi was conducted on the next morning at 7. 15 a. m. This clearly indicates that if the Investigating Officer had gone to the spot immediately the lady must had been brought to the hospital in the evening and not in the early hours of morning. They were brought by constable Ram Babu. This is admitted to Head Moharrir PW-5 that he did not send the copy of the check FIR on 27/28-2-1979 to the Judicial Magistrate. There is no mention on the original check of giving any copy of this FIR to the informant. No thumb impres sion of the informant was obtained on it or the G. D. in this connection. This is admitted to Head Moharrir PW-5 that he did not send the copy of the check FIR on 27/28-2-1979 to the Judicial Magistrate. There is no mention on the original check of giving any copy of this FIR to the informant. No thumb impres sion of the informant was obtained on it or the G. D. in this connection. The Head Moharrir pleaded ignorance as to how Ram Babu had taken Prithivi Pal to Kotwa and when. No weapons were noted down in the G. D. of the registration of the case. No Sections 307, and 323/341. P. C. were men tioned therein. It was added subsequently in the entry of his return by the Investigat ing Officer. This entry was proved to be in the handwriting of Radhey Shyam, S. O. According to this witness Ram Babu returned from hospital Kotwa at 12-10 a. m. Thus from these circumstances it clearly transpires that the FIR of this case appears to have been transcribed on the next day after Investigating Officer visited the spot and not at the time as alleged by the prosecution. His evidence further shows that the witnesses had arrived after Marpit had come to an end. It further shows that probably assailants had left the spot by that time. His medical examination on 26th at 7 p. m. is rendered highly doubt ful from the statements of the Investigat ing Officer and the doctor. 11. So far as PW-2 is concerned, she has made an improvement in her tes timony to the extent that Kalloo assaulted her husband with lathi. Thereafter he as saulted her when she caught hold of Lalloo. Nandu assaulted him with gandasa. The witnesses arrived on there their. She has stated that the witnesses reached the spot in the course of the Marpit and the assailants took to their heels immediately thereafter. She denied the fact that the dead body cf herjeth Dangar was sent on camel back. She further stated thatshe had seen the Investigating Officer at the spot two hours after fall of darkness and the Investigating Officer stayed there only for two hours. Then again stated that he stayed there throughout night. She reached Kotwa hospital at about 12. 00 p. m. in the night. Her statement is contrary to the statement by PW-1. According to her she arrived at the police station at 7. Then again stated that he stayed there throughout night. She reached Kotwa hospital at about 12. 00 p. m. in the night. Her statement is contrary to the statement by PW-1. According to her she arrived at the police station at 7. 00 p. m. She further stated that when she left the village the dead body was lying sealed there. She further stated that when she was lying after assault on the spot people of village Leelapur, Samraha and Jiyaipur had also come. She stated admitted that the mother, sister and daughter of the deceased also came there. She stated that they had reached the spot soon after the murder of Dangar. The Investigating Of ficer arrived after the witnesses reached there. In this manner she contradicts her previous statement that the Investigating Officer came to the spot two hours after fall of the darkness. She stated that she did not send any body to lodge the report. She learnt about lodging of the report on reaching the hospital. She could know about this in the morning after her medical examination. At that time the Investigat ing Officer was also present in the hospital. She admitted that the Investigating Of ficer had not recorded her statement but had taken her thumb mark on some paper. The Investigating Officer had left the place after seeing her. She pleaded her ig norance about the time for which the In vestigating Officer stayed in the hospital. She stated that they had harvested their crop for about two hours before the inci dent had occurred. Dangar was levelling Khalihan. She was confronted with her statement to the Investigating Officer that Mere Jeth Khalihan Chil Rahe The. This means he was also harvesting. She showed her inability to explal n this. She further stated that she couldnt tell for how many minutes her jeth was assaulted. She stated that she fell down at the distance of 4-5 steps from her jeth and in between them her husband fell down. Then again stated that he did not fall at all. She had not seen her husband on the spot after sustaining injuries. He was harvesting crop in the north corner. They were uprooting the crop by hand and no harvesting instrument was used. She admitted that they have Chopper, Hansia and Khurpi at their house. Then again stated that he did not fall at all. She had not seen her husband on the spot after sustaining injuries. He was harvesting crop in the north corner. They were uprooting the crop by hand and no harvesting instrument was used. She admitted that they have Chopper, Hansia and Khurpi at their house. She admitted that her jeth and her husband used to keep lathi with them normally but they did not take it to the Khalihan on that day. This we find unacceptable. According to her, her jeth fell on the uprooted crop. Then again stated he fell on the harvested crop. She also fell on the harvested crop but the Investigating Officer had not found any blood on the harvested crop. She stated that she did not remember that when she caught hold of Lalloo what weapon was in his hand but before that he was armed with a bhala. She had not seen him throwing bhala and anyone picking it up. She further stated that Nandu applied a blow on her jeth which did not hit him. She admitted that they had told the Inves tigating Officer that all the three assailants assaulted her jeth with lathi, ballam and gandasa. She admitted that no site plan was prepared by the Investigating Officer in her presence. The Investigating Officer enquired from her the place where she was but he did not make any enquiry about the place from where the witnesses had seen the incident. She had stated that she had reached the hospital after mid night and then qualified it by saying that she did not know. She admitted that Shiv Murats house is just 4-5 steps from her house. The other witnesss house are at some distance from her house. These witnesses used to visit her house and there is no affinity between them. 12. A perusal of her statement shows that she had modified her case to the extent that they were uprooting the crops by hands and not by any instrument likehan-sia etc. She has improved upon the case of the FIR to the extent that when she caught hold of Lalloo she was not able to disclose what weapons he had. She had told specifi cally that at the time of assault her husband was not visible to her. She has improved upon the case of the FIR to the extent that when she caught hold of Lalloo she was not able to disclose what weapons he had. She had told specifi cally that at the time of assault her husband was not visible to her. She was also unable to give out as to how many minutes her jeth was assaulted. None of her family mem bers had taken her to the hospital. She was> examined highly belated. There is dis crepancy with regard to time of her reach ing the hospital. The witnesses who were present and were in the vicinity of her appear to us closely connected with her. She had made a contrary statement that the witnesses reached the spot when the incident was going on. This part of her testimony does not find support or cor-roboration from the testimony of PW-1 her husband. Story of catching hold of Lalloo is clearly an ornamentation to make her presence most probable. Thus we find it difficult to accept her evidence. She is a highly partison, interested and inimical woman. 13. Now coming to the statements of PW-3 Shiv Murat we find that he has not revealed the time when he was collecting grass for his cattle in his field. According to him it was not his field but was of Hari Shanker from whom he had taken it on batai. He had further stated that at the time of occurrence Dangar was levelling his field for collecting harvested crop. Ini tially he stated that PW-1 and PW-2 were harvesting the crop. The words used by him are phasal Kat Rahe The. It clearly means that they were using some instru ment. Then qualified his statement by saying that since the land is sandy, they were uprooting the crop by their hands. Alarm raised by Dangar was heard by him. Thereafter he saw Dangar being assaulted by the appellants. He further stated that so far as he remembered gandasa did not strike Dangar. He further stated that when the accused persons were beating, PW-2 (Gujarati) caught hold of Lalloo accused Kalloo assaulted her husband with lathi. In the meantime Nandu with Gandasa and Kalloo with lathi assaulted her and she fell down. This statement is contrary to the statement of PW- 2, PW-1 has not also stated any such thing in his statement! He further stated that when the accused persons were beating, PW-2 (Gujarati) caught hold of Lalloo accused Kalloo assaulted her husband with lathi. In the meantime Nandu with Gandasa and Kalloo with lathi assaulted her and she fell down. This statement is contrary to the statement of PW- 2, PW-1 has not also stated any such thing in his statement! He further stated that he started running im mediately to the scene of occurrence on hearing of alarm. After receiving the in juries Prithivi Pal ran away from the spot. He did not know in which direction he ran away. After departure of the assailants he went to Dangar and found him dead. At that time Smt. Gujarati (PW-2) was lying unconscious. She had regained her sense after half an hour. The Investigating Of ficer reached the spot of occurrence and recorded his statement and prepared in quest memo. He had signed the panchayat-nama. He had admitted that no talks took place between him and Prithivi Pal (PW-l) or Gujarati after the incident. Even he did not talk to the Investigating Officer. He clal med that he continued to stay with the dead body till 12o clock and when the police left the place with the dead body, he had gone to his home. The Investigating Officei had a\so gone back vnxh the dead body. He stated that he was attracted for the first time on the alarm of Prithivi Pal and Gujarati and then corrected by saying on the alarm of Dangar. He stated that he reached within five minutes. This clearly means that he could not have witnessed the incident. Further this witness stated that the Investigating Officer arrived at the spot of occurrence at about 8-9 p. m. in the night. They came to know Prithivi Pal going to the police station from the arrival of the Investigating Officer. He further stated that the family members of Prithivi Pal came to the spot within 2-3 hours after the incident. No body had asked any one to go to lodge the report before arrival of the Investigating Officer. Even after the ar rival of a number of people no one asked any one to lodge the report. He further explained that since Prithivi Pal was not there, therefore no talks regarding the report took place. None of the villagers or family members had gone to search him out. Even after the ar rival of a number of people no one asked any one to lodge the report. He further explained that since Prithivi Pal was not there, therefore no talks regarding the report took place. None of the villagers or family members had gone to search him out. Even Gujarati did not ask for going to lodge the report. He failed to explal n as to why in his statement made to the Inves-tigatingofficerassaultwith/ar/u by Kalloo upon Dangar and Nandu with Gandasa was missing. According to this witness the incident had occurred in the Khalihan. This statement is contrary to the statement of PW-1. He stated that Dangar was done to death on the field. He further stated that Dangar was not levelling the land. He ad mitted that this field is about 150 latha long and 10-11 latha wide. He admitted that he had seen the occurrence from edge of the maize field of Dangar from a dis tance of 6-7 latha. Earlier he stated that he reached the spot within five minutes. In order to make his presence credible he reduced the distance to 6-7 lathas. If the distance was coverable within five minutes it would be impossible for this witness to see the incident at all. He stated that he had seen the injuries by bhala being caused from his field. He further clal med that he had seen 2-4 blows of ballam being given on reaching the spot. Then he stated that in the entire MARPYT ballam was used twice and Gandasa was also used. One blow was given upon Dangar and another upon Gujarati Devi. In our opinion the presence of this witness is highly doubtful at the time of incident. In all 11 injuries have been suffered by three persons. Three assailants would not have taken more then 3 minutes or two in causing these injuries. Therefore his presence is rendered highly doubtful even if we go by his own case. In the cir cumstances discussed above he appears to be a got up witness and has supported the prosecution case on account of his proximity with Gujarati Devi (PW-2) and her husband. He does not appear to us an independent witness. 14. According to PW-4 Radhey Shyam Trivedi, Sub-Inspector he prepared in between at about 9. 30 to 11. In the cir cumstances discussed above he appears to be a got up witness and has supported the prosecution case on account of his proximity with Gujarati Devi (PW-2) and her husband. He does not appear to us an independent witness. 14. According to PW-4 Radhey Shyam Trivedi, Sub-Inspector he prepared in between at about 9. 30 to 11. 45 a. m. Thereafter he claimed that he had in spected the site and prepared the site plan, as Ext. Ka- 11. In the entire statement this witness has not stated about any source of light in which these proceedings were com pleted by him. He admitted that the dead body was dispatched on the camel back to Kotwa. It was taken from Kotwa to Sadar on a Government Jeep. The dead body was escorted by Raj Mani and Jhuri Prasad constables. He claimed that he came back to the police station at 7. 50 a. m. on 27-2-1979. He further stated that at 10. 15 a. m. he reached the hospital. He recorded the statement of Shiv Murat (PW-3) at the spot. Shiv Murats statement is contrary and he falsified this witness. He clal med that Chithi Mazroobi of Prithivi Pal was prepared in his presence. He further sub mitted that he had seen Chithi Mazroobi of Prithivi Pal on 1-3-1979 at the police sta tion. He had ntot noted down the injuries of Prithivi Pal in the case diary. He admitted that the register of attendance is kept at the police station. On 27-2-1979 in this register at serial No. 20 Constable Raj Babu is noted. In this register at serial No. 15 to 19 the name of the official present at the police station is mentioned. He was suggested that an arrow at serial No. 20 and 21 is also marked. The note of Sessions Judge shows that the said mark is at serial No. 20 and 21 which this witness earlier denied. According to him Dr. Dwivedi was not staying in the hospital. At that time he was living at Allahabad. He further stated that the doctor used to sit in the hospital only during working hours. He further stated that on 27-2-1979 he had gone to the hospital to see whether the medical ex amination of the injured was conducted or not. He could not meet the doctor. At that time he was living at Allahabad. He further stated that the doctor used to sit in the hospital only during working hours. He further stated that on 27-2-1979 he had gone to the hospital to see whether the medical ex amination of the injured was conducted or not. He could not meet the doctor. Doctor was not available to him till he remained in the hospital. He left the hospital at 11. 45. He further clearly stated that till 11. 45 doctor was not present in the dispensary. Till that time only the witnesses who had brought Gujarati were present. He recorded their statement. He denied to have received the injury reports of Prithivi Pal and Gujarati till 11. 45. He claimed that he had talked to the witnesses. He further admitted that Shiv Murat had not stated that Kalloo had assaulted Dangar with lathi and Nandu plied Gandasa on him. He further admitted that this witness had not stated to him that Prithivi Pal and Gujarati were uprooting Berra crops. He had gone to the hospital on two occasions. First he had gone to know the number of disputed fields. For this purpose he had visited the hospital on 2-3- 1979. He denied that he had met Prithivi Pal on second occasion after meeting of 2-3-1979. Prithivi Pals statement on this report is quite contrary to the statement of this witness. According to Prithivi Pal the Investigating Officer met him on 27-2-1979 and again five days later. He admitted that he had met, to ascertain and fix the place of the incident, any officer of the revenue department. In the inquest memo he admitted that he had not noted the time and date with regard to dispatch of the dead body to the police lines. He was suggested that he had men tioned the date and time of beginning the inquest in panchayatnama deliberately to adjust the time of the FIR. He has not noted down in the inquest memo the time of its conclusion. He admitted that he knows the distinction between the gan-dasa, ballam and bhala. He further told to the Court that in his opinion bhala and ballam are same. He admitted that in the inquests column where the substance of the information and the cause of death is to be noted he had noted ballam, bhala and lathi. He admitted that he knows the distinction between the gan-dasa, ballam and bhala. He further told to the Court that in his opinion bhala and ballam are same. He admitted that in the inquests column where the substance of the information and the cause of death is to be noted he had noted ballam, bhala and lathi. He stated that after ballam he added bhala to clarify the difference. This ex planation exhibits clearly that the Inves tigating Officer was trying to explal n the absence otgandasa. But the explanation so offered completely damage the prosecu tion case. In the inquest memo he had noted ballam, bhala and lathi on his own. It seems appropriate to draw that inquest was prepared before any FIR was ready. In the cause of death he has noted word bhala. He admitted that he had not made any inspection of the spot bearing the al legation made in the FIR in mind. He had seen a cloth tied around the injuries on the chest of the deceased. He sealed the dead body in that very cloth. All these facts and circumstances leave no room for any doubt in our mind that the FIR was transcribed long after the occurrence. No reliance under the circumstances can be placed upon version contained in such an FIR. 15. From the statement of Investigat ing Officer it appears that the medical examination report of PW-2 and PW-3 were ante dated because according to these evidence the Investigating Officer had visited them on the same day on which they had been examined. But the medical officer contradicts them. Investigating Of ficer states without any ambiguity that he had gone to the hospital on 2nd March, 1979 and till then no one gave him the said injury reports. In these circumstances the injuries of these two witnesses are rendered, in our opinion, highly doubtful. The medical examination of PW-1 is clal med to have been conducted on 26-2-1979 at 7. 00 p. m. and the medical examina tion of PW-2 was conducted at 7. 15 a. m. on the next morning. From the statement of the Investigating Officer it appears that the Medical Officer does not stay after duty hours in the hospital. He use to go back to Allahabad where his family is living. If we accept his statement, the presence of Medical Officer at 7. 15 a. m. on the next morning. From the statement of the Investigating Officer it appears that the Medical Officer does not stay after duty hours in the hospital. He use to go back to Allahabad where his family is living. If we accept his statement, the presence of Medical Officer at 7. 00 p. m. on 26-2-1979 is rendered highly doubtful. In our opinion, the Medical Officer was not present in the hospital after the duty hours. Duty hours, according to Medical Officer PW-8, are from 8 a. m. to 1 p. m. in the morning and 4 to 5 p. m. in the evening. Thereafter as admitted to doctor he used to return to Allahabad. PW-4 cor roborates this part of his statement. Non receiving of injuty report till 27-2-1979 by the Investigating Officer is yet another circumstance, which goes against the medical examination of these witnesses on 26-2-1979 or 27-2-1979. 16. There is some discrepancy and some faul play in the attendance register with regard to constable Ram Babus presence who had taken the injured to the hospital on 26-2-1979 and the order on 27-2- 1979. Even the medico legal register is also not maintained properly as per rules. According to Medical Officer, PW-8 both the injured were not admitted in the PHC after examination. This statement contradicts the statement of PW-1 and PW-2 who clal med to have been admitted. Apart from this the doctor had admitted that page No. 2 of medico legal register is lying blank and page one has been made page 3 by cutting one. His statement fur ther shows that page 18 was made 2. In the corrected page 3 injury of Prithivi Pal is noted. The injury of Gujarati Devi is noted at page 4. After medical examination of two injured persons third medical ex amination was held on 3-3-1979 at page 3. He further stated that there is no note with regard to these cuttings in the register. The injury report was handed over to the com-pounder after duty hours. In the medical examination of other persons, examina tion on 3-3-1979, there is an endorsement of the receipt of the report in this register underneath the entries. But so far as the injury of either PW-2 or PW-3 is con cerned, there is no such endorsement. The injury report was handed over to the com-pounder after duty hours. In the medical examination of other persons, examina tion on 3-3-1979, there is an endorsement of the receipt of the report in this register underneath the entries. But so far as the injury of either PW-2 or PW-3 is con cerned, there is no such endorsement. Similar endorsements were also there in the register with regard to other injured persons. He admitted that there is no entry in the register after 3-4-1979. 98 pages are still lying blank in the register. Doctor appeared in this case on 11-11-1980. That means after about 20 months. This is strange that in the last 20 months no medi cal examination was entered in this register. According to the doctor in the outdoor patient register there is an entry of 27-2-1979 with regard to arrival of both the injured persons but he was unable to give out the time of their arrival. Thus from the statement of doctor as also PW-4 medi cal examination of Prithivi Pal (PW-2) at 7. 00 p. m. on 26-2-1979 is impossible. He had stated that if any injured comes after 5. 00 p. m. and in the morning before 8 a. m. they were asked to come after the opening of the hospital. He specifically stated that there is some overwriting in the out door patient register with regard to Prithivi Pal PW-1 in the serial number of this injured person. He admitted that he had not seen Gujarati on 26-2-1979 and had seen her on 27-2-1979. He admitted that the treatment of this witness (Prithivi Pal) was written at one place. There is no signature under neath this treatment. He admitted that in the entry with regard to Gujarati at serial No. 4 another lady named Gujarati Singh is mentioned. He further stated that ac cording to the register these witnesses had not visited the hospital on 27/28-2-1979 and 1/2 March, 1979. Gujarati Devi was examined on 27-2-1989. He admitted that there is no mention in outdoor patient register with regard to injury of PW-3 on 27-2-1979. He further stated that no entry was made on that date in the outdoor patient register regarding her. There is an overwriting from serial No. 1 to 8. Some blank spaces are also left in between the number. He admitted that there is no mention in outdoor patient register with regard to injury of PW-3 on 27-2-1979. He further stated that no entry was made on that date in the outdoor patient register regarding her. There is an overwriting from serial No. 1 to 8. Some blank spaces are also left in between the number. He further stated that in this register total numbers of patients on 25-2-1979 and 27-2-1979 are noted. But there is no such entry on 26-2- 1979. He admitted that as long as these witnesses were in his treatment the sub- inspector nevei; came to him. He admitted that injuries on 1 to 3 of Gujarati were on her head. He further admitted that there is no mention in the register that her injuries were stitched. Thus there is sufficient scope for the Court to presume that the injuries of these two injured persons were manipulated by the police long after the incident and in all probability these so called witnesses had not sustained any injuries when Dangar was assaulted. Doctor clearly appears to be co-operative. It appears to us that Dangar had sustained these injuries some time during night hour or early hour of the morning and in order to make their presence probable the prosecution has ad vanced the time to 12. 00 noon. Presence of P W-2 having already been discarded by us. Presence of PW-3 also can not be accepted. 17. The stomach of the deceased was found empty. Small intestine were also empty and large intestine were loaded. This is yet another circumstances which further strengthens our above conclusion. In this regard the case of prosecution is that the deceased used to go to his field at 9. 30 or 10. 00 a. m. Within two hours it is impossible that stomach and small intes tine would be empty and large intestine loaded. This can occur only after a lapse of atleast 4 to 6 hours. Even the medical evidence noted above is not supportive of the prosecution case. According to the FIR Bhala, Ballam, Gandasa and Lathi were plied upon the victim. The victim Dangar had only injuries of lathi and some piercing weapon. Injuries No. 2 and 4 are stab wounds. Initially bhala was claimed to have been plied in the assault. Sub sequently the witnesses have also started saying ballam. According to the FIR Bhala, Ballam, Gandasa and Lathi were plied upon the victim. The victim Dangar had only injuries of lathi and some piercing weapon. Injuries No. 2 and 4 are stab wounds. Initially bhala was claimed to have been plied in the assault. Sub sequently the witnesses have also started saying ballam. Inquest memo shows only ballam and bhala and not gandasa. These circumstances further strengthen our con clusion that no one had witnessed this incident otherwise these discrepancies would not have been there. The witnesses are now stating that Gandasa was plied but it did not strike the deceased. PW-2 states that Kalloo had given one blow upon in jured Gujarati Devi. There are two injuries of superficial nature. In our opinion these injuries were self suffered or suffered through friendly hands. PW-3 Dr. Dwivedi has acknowledged this probability in his statement. We have also discussed the dis crepancy occurring in the medical evidence and also regarding entries in the medico legal register which was main tained on plal n register with many over- writings, cuttings and interpolations. Gujaratis Singh entry seems to have used for Gujarati PW-2. 18. The appellants have absolutely no motive to launch any assault upon the victim. They were enjoying stay order which clearly shows that they were in peaceful possession over the disputed plots. The grievance may be to the prosecution side. 19. Thus for the reasons discussed above we find that the conviction of these appellants is difficult to maintain. Accord ingly we allow this appeal. The judgment and order passed by the learnd Sessions Judge convicting and sentenseng the ap pellants is set aside. The appellants are on bail. They need not surrender. Their bail bonds are cancelled and sureties dis charged. Appeal allowed. .