The above appeals were preferred by the appellants one by Paras Ram and other by Sewak Ram. Both of them were convicted by the trial Court under Section 302/34 I. P. C. and the sentence awarded to them was imprisonment for life. Aggrieved by the said judgment and order these appeals came into being in this Court. 2. The brief facts, of the case, as contained in the F. I. R. are as under: The deceased Nathhu Singh had been in his field to graze his cattle in the early hours of the morning on 24-10-1980. Ram Sajeevan P. W. 1 was also grazing his cattle in the near vicinity. In the meantime appellant Paras Ram and Ram Sajeevan also arrived at the scene of occurrence alongwith their cattle. The allegation further is that the cattle of Paras Ram ventured into the field of the deceased. It grazed and damaged some paddy crop of the deceased. He had raised objection to the unwarranted act of the appellant Paras Ram. Since he nursed an impression that it was pushed deliberately there. Paras told the deceased that his cattle,will graze in the same manner. The deceased angrily told the appellant that he will not permit him to do so. At this the two appellants retreated back to their village and shortly thereafter reappeared at the scene of occurrence. Paras Ram held an Axe and Sewak Ram a Lathi. The deceased was returning to his paddy field after turning the intruding cattle out of his field. He was intercepted by Subedar who was sitting on the mendh of his paddy field and he engaged the deceased into some conversation in the interregnum between these appellants retreat and re-emergence. At about 12. 30 hours, the appellants reached this particular spot and started belabouring the deceased with Lathi and Axe. The alarm raised by the deceased attracted to the scene of occurrence Nathhu Singh and Ram Adhar. On their approach and challenge thrown by them the assailants ran away leaving the deceased in a precarious condition. The villagers who came to the place of occurrence brought the deceased on a cot to his house. The deceased as a result of injuries suffered by him breathed his last at about 3 p. m. In the intervening time presumably no medical aid could be managed for him. The villagers who came to the place of occurrence brought the deceased on a cot to his house. The deceased as a result of injuries suffered by him breathed his last at about 3 p. m. In the intervening time presumably no medical aid could be managed for him. The report, of the incident, came into being at the instance of the brother of deceased, Badam Singh, on his return to his house. He claimed to have learnt about the incident but it is not revealed in the F. I. R. as to who was the source of this information to him. Leaving the dead body at his home he prepared a written report and proceeded for its registration to the concerned police station i. e. Thathiya. It was at a distance of 22 kms. from the spot. The report was registered at the police station at 7 p. m. on 24-10- 1980. The police arrived at the scene of occurrence on the next morning. Inquest memo was prepared and the dead body was dispatched to the mortuary for post mortem examination. The post mortem on the body of the deceased Natthu Singh was conducted by P. W. 6 Dr. A. K. Dubey on 26-10-1980 at 3. 30 p. m. i. e. after two days and thirty minutes after his demise. The post mortem examination report is Ex. Ka-12. A perusal of the post mortem examination report reveals that the condition of the dead body was bad. Rigor mortis had passed off and decomposition in both limbs had started. Abdomen was distended. Blisters were also present. Skin peeled off at places. We have to bear in mind that this was the month of late October and coldness in the weather will already venture in by this time. The deceased had suffered contusions and three lacerations. All these injuries were on non-vital part of his body including the hand, the elbow, the palmer aspect and the legs, ankle joint etc. There was internal damage underneath most of the injuries. The bones underneath injury Nos. 1,2,3,4,6 and 8 bad fractures of left arm upper part, right arm upper and middle part, right wrist on dorsal aspect, dorsal part of left hand, left index finger proximal part and tibia and fibula in right leg. 3. There was internal damage underneath most of the injuries. The bones underneath injury Nos. 1,2,3,4,6 and 8 bad fractures of left arm upper part, right arm upper and middle part, right wrist on dorsal aspect, dorsal part of left hand, left index finger proximal part and tibia and fibula in right leg. 3. The post mortem report does not indicate sufferance of any sharp edged weapon injury by the victim though the use of an Axe in the incident was attributed to appellant Paras Ram. At this juncture, it would be pertinent to point out that inquest memo shows presence of two cut injuries, one on each leg, which were found to be lacerated wounds by the medical officer conducting the autopsy though no such note was put by the officer on the post mortem examination report about this conflict between the inquest and the post mortem but this Court is not precluded from taking notice of the said controversy, since these documents have already been proved and admitted in evidence. 4. The prosecution in support of its case examined two eye witnesses, Ram Sajeevan and Ram Adhar P. W. 1 and 2. No other eye witness, though presence of some other persons was also alleged, was examined in the case. The body was escorted for post mortem examination by constable Brahmdatt Shukla. Ram Datt Dixit, P. W. 5 was the Investigating Officer, as earlier detailed Dr. A. K. Dube conducted the autopsy on the person of the deceased. One Naveen Chandra Goyal was examined as Court witness No. 1. He is a clerk in the bank to establish that Badam Singh, P. W. 4, the informant, had come to his Bank. It was Saturday and the banking hours ought to be only upto 12 noon, therefore, establishment of this fact does not in any manner discredit the presence of this witness by 4 Oclock in his village and his going to the police station for lodging the report is probable. 5. Following contentions have been raised by learned counsel for the appellants before us in these two appeals. First, that the F. I. R. could not be lodged at the alleged hour i. e. 7 p. m. on 24-10-1980. 5. Following contentions have been raised by learned counsel for the appellants before us in these two appeals. First, that the F. I. R. could not be lodged at the alleged hour i. e. 7 p. m. on 24-10-1980. The reason behind this submission is absence of any sharp edged weapon injury upon the person of the deceased though two such injury having been found by the Investigating Officer according to memo of inquest. It is, therefore, contended that safely the inference available is that the F. I. R. was transcribed after the arrival of the Sub-Inspector and preparation of inquest memo but before the conduct of post mortem. Another submission is that no eye witness is telling the truth. They knowingly presented a coloured version before the Court. The motive behind it is animosity with one or the other appellant of these witnesses. They are not independent witnesses. The medical evidence also does not corroborate the prosecution case is the last submission made by learned counsel for the appellants. 6. We have given our anxious consideration to the submissions and in the scrutiny of the evidence of these two eye witnesses, for cogent reasons, we entertain serious doubt in the reliability of their evidence. Taking up the evidence of P. W. 1 Ram Sajeevan we find that he had animosity against Paras Ram though the animus was old one but as the village polity goes such animus is nursed and sustained for long periods and it is satisfied as and when an occasion is available. His presence at the spot is seriously daaged and rendered unreliable from his own evidence. He is the person who had communicated the version to the informant at the first instance. In the F. I. R. the presence of Sewak Ram from the very out -set was alleged. Both these persons after the nasty exchange of words with the deceased had retreated to their village and shortly thereafter reappeared there with their respective weapons and launched the alleged assault upon the deceased. In his deposition in the trial Court this witness did not allege the presence of Sewak Ram from the out set at the spot. According to him it was only Paras Ram who was grazing his cattle at the spot and a quarrel and exchange of hot words between deceased Natthu Singh and Paras Ram alone took place. In his deposition in the trial Court this witness did not allege the presence of Sewak Ram from the out set at the spot. According to him it was only Paras Ram who was grazing his cattle at the spot and a quarrel and exchange of hot words between deceased Natthu Singh and Paras Ram alone took place. This appellant Sewak Ram according to him came from the village after the retreat by Paras Ram after heated exchange of words between deceased and him. The enmity as earlier said though has not been categorically admitted by him, he tried to evade the question but the texture and tenor of his response to the suggestion indicates some truth in the allegation made by the defence against him. It is borne out from the defence document filed in this connection, Ex. Kha -2. He had also been ingenious enough to introduce the presence of the mother of the deceased at the spot. He did not rest here, he also alleged that she had laid herself upon her son to protect him from the assault. She was not sent for medical examination nor any such allegation was there in the F. I. R. She had also not been examined in the trial Court to establish this fact. 7. Thus for the reasons attributed above coupled with the fact that he alleged the use of an Axe which is not corroborated despite the statement made by the doctor and from the post mortem examination report. The injuries, all lacerated wound, were upon the legs, these are the parts where bones are covered by thick muscles. Howsoever blunt an Axe may be, it is not presumable that all inflictions from axe will cause simply blunt injuries. The injury caused by a blunt Axe would not simpliciter be a lacerated wound but would be of some type different in nature from the blunt object injury and the damage caused to the bones could not be a simple fracture. It is a heavy cutting weapon, the fracture would be multiple or commuted. No such presence of any fracture of this nature further indicates in our opinion that the injuries to the deceased were caused by blunt object alone and there is no corroboration either from the medical evidence or the circumstances available on the record for the use of an Axe in the incident. No such presence of any fracture of this nature further indicates in our opinion that the injuries to the deceased were caused by blunt object alone and there is no corroboration either from the medical evidence or the circumstances available on the record for the use of an Axe in the incident. Thus the testimony of this witness suffers from his willingness to depose due to old animus and for the reasons discussed above it falls short of trustworthiness. Moreover, the statement of his clearly suffers from embellishment. He has introduced the story of the retreat and re-emergence of the appellants only to introduce an axe. It is common knowledge, villagers generally go out to pasture land with a lathi or danda. The incident might have occurred in the midst of blowing of cheeks between the accused and the deceased. The interregnum having been used in the manner as suggested by this witness is fully sullied by his desire to be a witness in the trial to wreak vengeance. We, therefore, do not agree to believe his presence at the spot even. His evidence, therefore, is discarded as untrustworthy. 8. Coming to the testimony of P. W. 2 Ram Adhar we have hardly any hesitation in coming to the conclusion that he is a hundred percent got up witness. He had stated to the Sub-Inspector that he was present in a nearby shop at the place of occurrence for the purchase of Biri but in his deposition in the trial Court he came forward with a different plea that he had heard alarm in the village and rushed to the spot. The mother of the deceased had also followed behind him. This was no ones case. It is apparently an ingenuity of a fertile brain presumably the Investigating Officer but the prosecutor may not have agreed to purchase the idea that is why probably the mother was not examined in the trial. In this view of the matter we do not find any substance in his statement, it is far from truth. It is too rejected as wholly untrustworthy. 9. There appears prima-facie on the part of the Investigating Officer an intent to cull out a story with the help of interested and inimical witnesses to work out the case. The investigations are not conducted simpliciter to work out a case by hook or crook. It is too rejected as wholly untrustworthy. 9. There appears prima-facie on the part of the Investigating Officer an intent to cull out a story with the help of interested and inimical witnesses to work out the case. The investigations are not conducted simpliciter to work out a case by hook or crook. It is the duty of the Investigating Officer to proceed into the investigation with all sincerity and honesty. This role was not discharged by Sub-Inspector for perpetuating the said crime upon innocent people. Sewak Rams implication makes it clear in abundance. 10. The presence of villagers is an admitted fact. Non- examination of any one of them in trial further causes serious distress to the prosecution case. 11. In view of our discussion made above, we allow these appeals. The appellants are acquitted of the charge for which they were tried, convicted and sentenced. They are on bail. Their bail for non appearance of their counsel on some earlier occasion was cancelled by this Court and N. B. W. was issued but it could not probably, be executed because there is no such report available on the record. In view of this if the N. B. W. is not executed it shall not be executed. They have not to surrender. Their bail bonds have already been cancelled. The sureties are hereby discharged. Appeals allowed. .