A.B. CHAUDHARI, J.- The correctness and validity of the impugned judgment and order of acquittal made by the Additional Sessions Judge, Gondia in Session Trial No.6/1990 on 13-12-1994 is under challenge in the present appeal at the instance of the State of Maharashtra. 2. Undoubtedly the murder of the deceased Rajkumar Jaiswal was brutal but unfortunately it ended in acquittal of all the accused persons. Keeping in mind the established principles governing appeal against acquittal and also keeping in mind the scope for this Court to interfere in appeal against acquittal in case there is perversity on the part of the trial Court in appreciating the evidence on record tendered before it, we have carefully gone through the entire evidence on record, documentary as well as oral and after pondering over it for quite sometime we have delivered this judgment. 3. It is the case of the prosecution that deceased Rajkumar Jaiswal was running printing press and was also publishing daily newspaper "Yathartha" from Gondia. He was students' leader also. On the date of incident i.e. 26-9-1989 in the evening at about 6:00 6:30 p.m. deceased Rajkumar and hi~ servant P.W.8 Kuwarlal Vaidya went on a scooter in the market area of Gondia. P.W.8 was a pillion rider. They went near Ajanta decoration shop and stayed over for sometime, when suddenly Rajkumar was attacked by number of persons i.e. accused persons by means of Gupti and knives. One of the assailants Udelal (now dead) who had left the spot after assault soon returned back and delivered a blow of Gupta on his chest and also tried to take out the Gupti but was unable to do so. P.W.1 Shivkumar Jaiswal, the father of the deceased Rajkumar was at that time at the house of his friend Mr. Dave, who was the owner of Ajanta decoration, situated at the distance of about 150 ft. from the shop Ajanta decoration. A boy came running to the house of Mr. Dave and told P.W.l Shivkumar that some people were assaulting Rajkumar. P.W.l Shivkumar, therefore, ran out of the house and went towards Ajanta decoration, where he saw Rajkumar lying injured and was gasping. P.W.1 Shivkumar asked his son as to who assaulted him and Shivkumar told the names of accused persons. He found Gupta stuck near the chest and tried to pull it out but he could not. P.W.l Shivkumar, therefore, ran out of the house and went towards Ajanta decoration, where he saw Rajkumar lying injured and was gasping. P.W.1 Shivkumar asked his son as to who assaulted him and Shivkumar told the names of accused persons. He found Gupta stuck near the chest and tried to pull it out but he could not. Thereafter, he brought his car near the deceased and asked people to help for lifting Rajkumar in the car and simultaneously tried to take out Gupti and this time he succeeded. P.W.5 P.S.I. Jibhkate who arrived on the spot was given possession of the Gupti by him. P.W.l Shivkumar took Rajkumar to the hospital where the Doctors declared him dead. P.W.ll P.S.I. Sherkhan Pathan who was incharge of Police Station Gondia having received the information proceeded to the spot, who found nobody and having come to know that the injured was shifted to the hospital, he went there. Dr. Jain informed him about the death of Rajkumar. He handled the angry crowd which had gathered there and ultimately at about 9:30 p.m. registered offence of murder against unknown persons (Exh.175). He also drew inquest panchanama (Exh.156) signed by Panch P.W.8 Kuwarlal Vaidya who is also the eye-witness i.e. pillion rider of the scooter of Rajkumar. Investigation was handed over to P. W.12 Police Inspector Tiwari at about 11:30 p.m. Police Inspector Tiwari recorded the statements of the eye-witnesses and P.W.l Shivkumar on the same night. He went in search of the accused persons and ultimately effected the first arrest on 6-10-1989 and arrest of all other accused persons after 6-10-1989. Weapons were discovered and recovered. After completing the remaining formalities, charge-sheet was filed and thereafter the trial commenced in the trial Court. The accused persons denied the charge levelled against them. The prosecution examined number of witnesses. The defence was of total denial. After appreciating the entire evidence on record, the trial Court rejected the prosecution case in entirety and acquitted all the accused persons. Hence, this appeal. 4. Arguing in support of the appeal against acquittal preferred by the State of Maharashtra, A.P.P. Shri. S. S. Doifode made the following submissions: (1) That the trial Court committed an error in rejecting the substantive evidence of eye-witnesses, namely, P.W.2 Sangramsingh, P.W.3 Jagdishsingh, P.W.8 Kuwarlal Vaidya, though their statements were recorded on the very night of the incident. 4. Arguing in support of the appeal against acquittal preferred by the State of Maharashtra, A.P.P. Shri. S. S. Doifode made the following submissions: (1) That the trial Court committed an error in rejecting the substantive evidence of eye-witnesses, namely, P.W.2 Sangramsingh, P.W.3 Jagdishsingh, P.W.8 Kuwarlal Vaidya, though their statements were recorded on the very night of the incident. There was thus no delay on their part in disclosing the names of the assailants i.e. accused persons, who assaulted the deceased Rajkumar with deadly weapons. (2) The prosecution has tendered direct evidence in the form of eye-witnesses and medical evidence clearly corroborates the ocular version of the eye-witnesses. There were as much as 35 injuries on the person of the deceased and many injuries were caused to the vital parts of the body, resulting into the death of Rajkumar. (3) There was additional evidence in the form of oral dying declaration given by the deceased Rajkumar to P.W.1 Shivkumar, wherein the assailants i.e. accused persons were clearly named who had caused brutal murder of Rajkumar. (4) There is evidence in the form of recovery and discovery of weapons from the accused persons. (5) The accused persons had absconded and their conduct to that effect will have to be taken into consideration. (6) The impugned judgment of the trial Court is thus perverse and this Court ought to interfere with the judgment and order of acquittal. He, thus, prayed for allowing the appeal. 5. Per contra, Shri. Nawab, learned Counsel for the respondents vehemently opposed the appeal making the following submissions: (1) The principles regarding interference by High Court in appeals against acquittal do not in the present case permit interference with the judgment and order of acquittal as the view taken by the trial Court a possible view and at the most it can be said that the trial Court has given benefit of doubt to the accused persons. (2) Advocate Shri. Nawab cited several supreme court judgments in support of the above submission. (3) Exh.132 is the publication of news regarding the incident of murder by P.W.l Shivkumar on 2-10-1989 and in this issue it has been mentioned by him that the assailants of Rajkumar were unknown. Thus, according to Advocate Shri. Nawab at least till 2-10-1989 the assailants were not known to anybody. (3) Exh.132 is the publication of news regarding the incident of murder by P.W.l Shivkumar on 2-10-1989 and in this issue it has been mentioned by him that the assailants of Rajkumar were unknown. Thus, according to Advocate Shri. Nawab at least till 2-10-1989 the assailants were not known to anybody. (4) The statements of the alleged eyewitnesses and P.W.l Shivkumar were not recorded on the same night as alleged by the prosecution but they were recorded on 6-101989 and that too upon concrete framework jointly made by P.W.l Shivkumar and P.W.12 P. 1. Tiwari and this is established by contemporeous record in the form of Exh.132 newspaper, requisition by P.W.12 P. I. Tiwari to Municipal Council for preparation of map i.e. Exh.l25. F.I.R. (Exh.175) and the conduct of the eye-witnesses as well as P.W.l Shivkumar. (5) There is contemporeous documentary evidence from the Police Station Gondia on record in the form of station diary entry at serial Nos.71 and 77 produced with Exh.186 by the accused in the trial Court which was duly verified by the trial Court after the original station diary was produced by the Assistant Public Prosecutor. This evidence falsifies the version of Investigating Officer Shri. Tiwari. (6) Exh.185 is notice under Section 294 of the Code of Criminal Procedure, dated 29-11-1994, that was given to the prosecution by the defence, acting on which the original station diary was produced before the Court and upon inspection thereof true copies were filed on record along with Exh.186. This clearly shows that P. I. Tiwari was not at all honest in the investigation and then he in collusion with P.W.l Shivkumar, cooked up a false case against the accused persons. (7) The deceased had suffered 35 injuries and heart, lung and liver were damaged and in that context our attention was invited to the admission from Doctor that brain would stop working immediately upon the heart being punctured as the blood supply to the brain would stop. He, therefore, argued that the alleged oral dying declaration by the deceased Rajkumar was nothing but an act of impossibility. He, therefore, prayed for dismissal of the appeal. 6. He, therefore, argued that the alleged oral dying declaration by the deceased Rajkumar was nothing but an act of impossibility. He, therefore, prayed for dismissal of the appeal. 6. Having heard learned A.P.P. for the appellant and learned Counsel for the respondents and having gone through the entire evidence on record, we find that P.W.ll P.S.I. Sherkhan Path an went to the spot immediately upon receiving information in the police station and then went to the hospital where P.W.l Shivkumar and big crowd was in the hospital. He stated in paragraph no.3 of his evidence that he met P.W.l Shivkumar in the hospital, who was standing along with 50-60 persons and enquired from him about the incident, but he did not tell anything to him, whereupon he asked the members of the crowd as to whether anybody knew about the incident, but none came forward to disclose the incident. Thereafter, he went to the police station and registered F.I.R. at 9:30 p.m. against unknown persons. Now at this juncture coming to the evidence of P.W.l Shivkumar, P.W.2 Sangramsingh, P.W.3 Jagdishsingh, P.W.8 Kuwarlal, they have consistently c1ained that they had gone to the hospital along with P.W.l Shivkumar and Rajkumar and were waiting in the hospital. If all these eye-witnesses and P.W.l Shivkumar who heard the alleged dying declaration were aware about the names of the assailants, there was absolutely no reason for all of them not to come forward and tell the names of the assailants to P.S.I. Pathan, who had made enquiry with P.W.l Shivkumar and the members of the crowd that was standing there. P.S.I. Pathan would not have failed to mention the names of the assailants in the F.I.R. itself had these eye-witnesses really seen the assailants and told the same to P.S.I. Path an or P.W.1 Shivkumar had known the names of the assailants from the oral dying declaration given by Rajkumar but that is not so. The conduct of these witnesses on this crucial aspect creates serious doubt in our mind about the truthfulness of the very beginning of the prosecution case itself. P.W.ll P.S.I. Path an then says that at 11:30 p.m. investigation was handed over to P.I. Tiwari. The spot panchanama that was recorded by P.I. Tiwari shows that the same was commenced on 26-9-1989 at 23:35 hours and concluded on 27-9-1989 at 00:35 hours. P.W.ll P.S.I. Path an then says that at 11:30 p.m. investigation was handed over to P.I. Tiwari. The spot panchanama that was recorded by P.I. Tiwari shows that the same was commenced on 26-9-1989 at 23:35 hours and concluded on 27-9-1989 at 00:35 hours. The distance between the hospital and the spot is said to be one furlong. All the eye-witnesses claimed that P.I. Tiwari had recorded their statements between 11:00 - 11:30 p.m. in the same night and that too in the hospital. P.W.12 P.I. Tiwari stated in his evidence that he came back from Lamtha at about 10:00 p.m. when he found police party standing near K.T.S. Hospital and then he met P.W.l Shivkumar, who told him the incident and he immediately recorded his statement in short in K.T.S. Hospital. He also made enquiry in the hospital and recorded statements of two more eye-witnesses in the hospital itself. He admitted that Lamtha is at a distance of 150 km from Gondia and three hours are required for travelling between Lamtha and Gondia. He denied suggestion that he started journey from Lamtha at 10:20 p.m. on 26-91989. He further denied that he had not gone to Balaghat Police Station which is on the way of Lamtha to Gondia but claimed that he came directly to Gondia Police Station. The station diary entry at serial No.7l filed under Exh.186 shows that at 22:25 hours i.e. 10:25 p.m. police station Gondia received information from Police Station Kotwali Balaghat that Shri. K. K. Tiwari, P.S.I. Mudgal and staff left for Gondia five minutes before, which means they commenced their journey from Balaghat at 10: 10 p.m. Entry Non shows that at 23:30 hours i.e. 11:30 p.m. Shri. K. K. Tiwari, P.S.I. Mudgal and staff arrived at Police Station Gondia after reaching the accused Bapudas Hedau to Police Station Lamtha in crime No.28/89 under Section 302 of Indian Penal Code. It is thus clear that P.I. Tiwari reached Gondia Police Station from Lamtha at about 11:30 p.m. and not at 10:00 p.m. as claimed by him and that is why P.S.I. Path an is right in saying that at 11:30 p.m. investigation was entrusted to P. I. Tiwari by A.S.P. Shri. Yadav after his arrival from Lamtha at 11:30 p.m. In this context then he reached the spot and started spot panchanama at 23:35 hours i.e. 11:35 p.m. which ended at 00:35 hours on the next day. This clearly falsities the entire solemn version given by P. I. Tiwari before the Court so also the eye-witnesses as well as P.W.l Shivkumar. The document in the form of Exh.l25 signed by P. I. K. K. Tiwari dated 510-1989 by putting the date 5/10 under his signature is the last nail in the prosecution case as well as the evidence of P.I. Tiwari showing that he is a liar. In his letter dated 5-10-1989 addressed to the Chief Officer, Municipal Council, Gondia, he has mentioned as under (Translated by us): "On 26-9-1989 at about 19:30 hours opposite Ajanta Generator and Electric Mandap Decoration near Delhi Hotel at Gorelal square unknown accused persons have assaulted Rajkumar laiswal with deadly weapons and committed his murder. It is necessary to have map of the spot and therefore we request to depute the concerned person to prepare the map and send the same to me." 7. It is thus clear from the perusal of this letter that the names of the assailants or accused persons were not at all known to P.I. Tiwari even on 5-10-1989. Even then he claims to have recorded statements on the date of incident after his arrival at 10:00 pm. in the hospital from Lamtha, where he found the eyewitnesses as well as P.W.l Shivkumar and who gave full account about the murder and the names of the assailants. 8. As to the oral dying declaration to P.W.1 Shivkumar by the deceased, it would be appropriate to quote extract of evidence of P.W.6 Dr. Pritam, who stated as under: "There were thirty five incised or stabbed Injures. Out of them two only lacerated wound and five were stab injuries. According to my opinion, the cause of death was injuries to vital organs i.e. heart, right lung and liver." 9. Pritam, who stated as under: "There were thirty five incised or stabbed Injures. Out of them two only lacerated wound and five were stab injuries. According to my opinion, the cause of death was injuries to vital organs i.e. heart, right lung and liver." 9. The injuries from 32 to 35 are extracted below: "32) Stab wound measuring 2 cm X 1 cm X Viscera deep on left side of chest medial to left nipple. On opening the chest, the injury has pierced the upper part of Right Chamber of Heart. There is lot of clotted blood in and around the injury. 33) Stab wound measuring 3 cm X 1 cm X Viscera deep on lower part of Right side of back just lateral to mid axillary line. On opening the injury has pierced the upper part of liver the iniury is through & through & has extended to the other end of liver. 34)Stab wound 2 cm XI cm X Viscera deep on lower part of chest on right side in midaxillary line. On opening it has pierced the upper part of Right Lung. 35)Stab wound measuring 2 cm X 1/2 cm X Viscera deep near injury No.34 on right side of chest lower part. On opening. it has pierced the upper part of Liver." The following evidence of P.W.6 Dr. Pritam would be relevant: "There was a profussed bleeding from the injuries of the victim and particularly from Lung. His right lung was badly damaged. Even the right chamber of the heart was punctured and there was profused bleeding from it. Heart supplies the blood to all the organs of the body. Heart will stop work in such punctured. the puncture of heart will stop the blood supply to brain and other organs. Immediately after puncture of the heart, the blood, supply to the brain will stop, the brain will immediately stop working." 10. The distance between the house of Dave and the spot is said to be about 100 A 150 feet and P.W.l Shivkumar is said to have d traveled the same by car. Looking to the nature of injuries to the vital parts of the body, namely, heart, lung and liver as extracted above and the time taken by P.W.! The distance between the house of Dave and the spot is said to be about 100 A 150 feet and P.W.l Shivkumar is said to have d traveled the same by car. Looking to the nature of injuries to the vital parts of the body, namely, heart, lung and liver as extracted above and the time taken by P.W.! Shivkumar to reach to the deceased i.e. about 2 to 5 minutes, we do not think that the deceased was in a position to give any dying declaration as alleged by the prosecution as the functioning of the brain must have stopped by that time. 11. For all these reasons, we therefore, find that the prosecution has failed to prove its case and on the contrary there is an element of manipulation in the investigation for which the prosecution alone will have to be blamed. In the result, we do not find any substance in the present appeal. The same is, therefore, dismissed. Appeal dismissed.