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2012 DIGILAW 637 (HP)

State of H. P. v. Aman deep @ Aman

2012-09-26

DEEPAK GUPTA, RAJIV SHARMA

body2012
JUDGMENT Rajiv Sharma, J : State has come in appeal against the judgment, dated 02.08.2004 of the learned Sessions Judge, Solan, H.P. in Sessions Trial No. 5-S/7 of 2004, whereby the respondents, who were charged with and tried for offence punishable under Section 302 read with Section 34 of the Indian Penal Code, have been acquitted. 2. Case of the prosecution, in a nutshell, is that on 6th October, 2003 around 7:40 p.m., a telephonic call was received at Police Station, Dharampur from some unknown person. The caller informed the police official, who attended the call that three young men were assaulting another young man with a knife and that the injured young man had been writhing in pain. The caller further informed that a Santro car was parked near the site where the youth was being assaulted and it was quite likely that the three young men might flee in that car towards Dharampur because the front of the car was towards Dharampur. The caller also told that one of those three young men, who was wearing an orange coloured shirt, was taller than the other two young men and was bearded. The information was entered in the rojnamcha. The S.H.O., Police Station, Dharampur, immediately went to Kasauli Chowk, Dharampur which was not very far off from the Police Station. Around 8:10 p.m., a private bus bearing registration No. HP-14-1457 came from Garkhal side. The S.H.O. and some police officials went inside the bus and found three young men travelling by that bus. One of those young men was wearing an orange coloured shirt. He was taller than the other two. His description matched with the description of one of three young men, as given by the anonymous telephone caller to the Police Station, Dharampur. These young men were ordered to get down from the bus. Accused Amandeep had a cut injury on the index finger of his left hand. There were stains of blood on the cream coloured pant, which he was wearing. The accused were taken to the site of the crime, as disclosed by the said anonymous caller. The site where the dead body, car and shirt were spotted, falls within the jurisdiction of Kasauli, Police Station. An anonymous telephonic call was also received at Police Station, Kasauli around the same time at which such a call was received at Police Station, Dharampur. The site where the dead body, car and shirt were spotted, falls within the jurisdiction of Kasauli, Police Station. An anonymous telephonic call was also received at Police Station, Kasauli around the same time at which such a call was received at Police Station, Dharampur. ASI Lekh Ram of Police Station, Kasauli also reached the spot almost around the same time when SHO, Police Station, Dharampur reached there alongwith the accused persons. SHO, Police Station Dharampur gave a detailed version of the telephonic call and what he had done after receiving the said call to ASI Lekh Raj, who recorded the same in the form of his statement, under Section 154, Cr. P.C. and sent the record of that statement to Police Station, Kasauli for the formal registration of the case. The case was registered at Police Station, Kasauli around 10:15 p.m. The accused were got examined by the doctor. The doctor found some simple injuries on the person of all the three accused persons. Swelling of the upper lip of accused Aman Deep was also noticed. He was referred to Dental Surgeon for expert opinion. The Dental Surgeon examined him on the next following day and found fracture of a tooth and opined that the injury appeared to have been sustained within 12 to 24 hours. On 7th October, 2003, S.H.O., Police Station, Kasauli prepared the inquest papers and he noticed some injuries on the dead body and sent the same for post mortem examination to Community Health Centre, Dharampur. The doctor noticed 13 injuries on the dead body. These injuries were ante mortem. The cause of death was stated to be injuries to vital organs which caused massive hemorrhage and consequential shock which was followed by cardiorespiratory failure. The death was opined to have taken place within few minutes of the infliction of the injuries. The probable time lag between the death and the post mortem was opined to be six to thirty six hours. The S.H.O., Police Station, Kasauli after sending the dead body to the hospital, took into possession from the spot damaged Santro Car and the objects which were found therein, including a shoe of right foot. During search of the clothes, which the deceased was wearing, his identity card, a ration card and some other articles were recovered, which too were taken into possession. During search of the clothes, which the deceased was wearing, his identity card, a ration card and some other articles were recovered, which too were taken into possession. Shirt of the deceased with cut marks and blood stains was also taken into possession. On 08.10.2003, accused Aman Deep was interrogated in the presence of two independent persons, named Shri Prabu Dayal and Shri Rakesh Sharma. Accused made a disclosure statement that he had kept hidden a dagger under a bridge at a point about one and half km. from Garkhal towards Dharampur. The aforesaid statement was recorded in the form of a memorandum and the accused then led the police and the above named two witnesses to the site disclosed by him in his statement and produced dagger under a bridge on Kasauli Dharampur road. The sketch of the dagger was prepared. The dagger was then taken into possession and sealed in a separate parcel. The photograph of the accused, while taking out that knife and producing the same to the Investigating Officer was also taken. The shirt of the deceased that was found lying on the slope near the dead body, was sent to the Forensic Science Laboratory alongwith the dagger got recovered by accused Amandeep for seeking his opinion whether the cut marks on it could have been caused by that dagger. The Incharge of the said Laboratory opined that three of the four cut marks could have been caused with the dagger in question. About the fourth cut mark, he expressed inability to give any opinion. On completion of investigation, the challan was put up after completing all the codal formalities. 3. The prosecution has examined 15 witnesses to prove its case. The accused were also examined under Section 313 of the Criminal Procedure Code. They denied the facts and the circumstances with respect to which the prosecution has led evidence. Learned Sessions Judge, Solan has acquitted the respondents on 02.082004. Hence, this appeal by the State. 4. We have heard the learned counsel for the parties and gone through the judgment and the records carefully. 5. PW-1, Shri Chaman Lal has deposed that he remained posted as S.H.O. at Police Station, Dharampur w.e.f. May 2003 to March 2004. Learned Sessions Judge, Solan has acquitted the respondents on 02.082004. Hence, this appeal by the State. 4. We have heard the learned counsel for the parties and gone through the judgment and the records carefully. 5. PW-1, Shri Chaman Lal has deposed that he remained posted as S.H.O. at Police Station, Dharampur w.e.f. May 2003 to March 2004. On 6.10.2003, at about 7:40 p.m., he received a telephonic call from a person, who did not disclose his name and identity that three young men were giving beatings and knife blows to another young man by the side of the road at a point, a little ahead of Pine Grove School, towards Garkhal and that near those persons a Santro Car, the front of which was towards Dharampur side, was also parked and it was quite likely that after giving knife blows to the man, those three persons might move in that Santro Car towards Dharampur. He was also informed that one of the three boys was quite tall and had been wearing an orange coloured shirt. He dictated the substance of that information to the Moharar Head Constable, who noted down the same in the form of report No. 25 in the rojnamcha vide Ex.-PA. He went to Kasauli Chowk in a Jeep alongwith other police officials. Around 8:10 p.m., a private Bus No. HP-14-1457 came from Garkhal side. Bus was got stopped and checking of the passengers was done. A tall and stout passenger was found occupying a seat in the bus. He was wearing orange coloured shirt and cream coloured pant and had a wound on the index finger of left hand. There were also stains of blood on his pant. Two more passengers were sitting beside him. They were made to get down from the bus. On being questioned, the taller man gave his name as Amandeep. They other two disclosed their names as Mohit Sharma and Ranjeet Singh. They told that they all were residents of village Sanewal. He went to the spot alongwith three accused persons and the police officials. On reaching the spot, he noticed that the right front side of the Santro car had dashed into the parapet of the culvert. Towards valley side, just parallel to the car, at a distance of about 10 meters, one shirt stained with blood and having cut marks caused by knife blows, was found lying. On reaching the spot, he noticed that the right front side of the Santro car had dashed into the parapet of the culvert. Towards valley side, just parallel to the car, at a distance of about 10 meters, one shirt stained with blood and having cut marks caused by knife blows, was found lying. At a distance of about 50 meters from the edge of the road, on valley side, in a Nallah, a dead body of a young man, without shirt, was spotted. He noticed wounds on the neck and the abdomen of the dead body, caused by means of a sharp edged weapon. Fresh blood was oozing out from the wounds and the mouth of the dead body. The spot fell within the jurisdiction of Police Station, Kasauli. When he was still on the spot, ASI Shri Lekh Ram from Police Station, Kasauli alongwith some police officials, reached the spot. He got his statement, under Section 154 Cr. P.C. recorded vide Ex.-PB. The accused persons were also handed over to ASI Lekh Ram of Police Station, Kasauli. He returned to Police Station, Dharampur. He entered his arrival in the rojnamcha, alongwith a summary of what he had done and seen after having left the Police Station, on getting information recorded vide Ex-PA. In his cross-examination, he has categorically admitted that he could not come to know even after getting the telephonic call, the substance of which was entered in Ex. –PA, as to who had made that call. 6. PW-2, Shri Prabhu Dayal has deposed that he remained Vice-President of Gram Panchayat, Garkhal Sanawar since 2001. On 06.10.2003, late in the evening, he came to know that a murder has taken place in their Panchayat area. On the next following day, he alongwith several other persons of their area went to the place where murder was alleged to have been committed. The police people were already there. A dead body was lying in the khad below the road. One shirt stained with blood was also lying there towards valley side. One Santro Car, one of the front wheels of which was damaged, as the same had apparently dashed into parapet, was also there. The same was taken into possession by the police vide memo Ex.–PD. The police inspected the car. One shoe was found lying near the paddles of clutch, brakes etc. One Santro Car, one of the front wheels of which was damaged, as the same had apparently dashed into parapet, was also there. The same was taken into possession by the police vide memo Ex.–PD. The police inspected the car. One shoe was found lying near the paddles of clutch, brakes etc. The memo of search of the car and the recovery of the shoe and the can was prepared vide Ex. PE. The registration certificate of the car was also recovered from the car. One shoe of left foot was found on the slope towards Khud, which was taken into possession vide memo Ex. PF. One shirt was also found lying on that slope below the road edge, which was taken into possession vide memo Ex.-PG. The shirt was blood stained and had cut marks caused by knife blows. On reaching the point, where the dead body was lying, they noticed that the dead body stuck up in the Khud. It bore several wounds on the chest and abdomen. During the course of such inspection, from the pocket of the pant which the deceased was wearing, a duplicate copy of a police challan of the car, ration card, identity card and currency notes of `180/- kept in a rexine wallet were recovered. Those were taken into possession vide memo Ex.-PJ. Two pieces of stone having stains of blood were also spotted. The same were taken into possession vide memo Ex. PK. He signed all these memos as a witness. Rakesh Kumar, the other witness of the aforesaid memos also signed the memos as a witness. All the articles were sealed in different parcels. The parcels containing two stones and shirt were sealed with a seal that produced the impression of English letter ‘A’. The parcel containing ignition key and the key ring was sealed with seal which produced the impression of letter ‘T” and all other parcels were sealed with seal that produced impression of letter ‘X’. Thereafter, the inquest papers were also filled in by the police party vide Ex. PL and Ex. PM. Budh Ram was the other independent witness who attested these forms. Thereafter, the dead body was sent to hospital for post mortem examination. He went to the Police Station next day alongwith Rakesh Sharma. When they reached the Police Station, interrogation of all the three accused persons was going on. PL and Ex. PM. Budh Ram was the other independent witness who attested these forms. Thereafter, the dead body was sent to hospital for post mortem examination. He went to the Police Station next day alongwith Rakesh Sharma. When they reached the Police Station, interrogation of all the three accused persons was going on. Accused Amandeep in the course of that interrogation, told the police that he had hidden the knife under the culvert near the site of crime and that only he knew the exact point where it had been hidden. He also told the police that he could get the knife recovered. Police recorded his statement vide Ex. PN. Accused signed the record Ex. PN in his presence as also in the presence of other witness, Rakesh Sharma. Thereafter, Rakesh Sharma signed this document. The accused was taken by the police to the spot. He, Rakesh Sharma and other persons also went with the police and the accused. Accused Amandeep then led the police to the culvert and also led the police and the witnesses to a point in the culvert where a long knife was lying. There was a slight trace of blood on that knife. The accused picked up that knife and handed over the same to SHO. The police drew up a sketch of that knife which is Ex. PO The sketch was signed by him and the other witness Rakesh Sharma. Thereafter, the knife was sealed into a parcel and the parcel was sealed with a seal that produced the impression ‘K’ of English alphabet. In his cross-examination, he has admitted that he was not called to the Police Station on 08.10.2003. He and Rakesh Kumar witness went to the Police Station together. He has appeared as a witness of the prosecution for five-six times. Rakesh Kumar was not a witness of the prosecution with him in those 5-6 cases. When he went to the Police Station, the accused were already being interrogated. He remained at the Police Station for about half or quarter to one hour on that day. Accused Amandeep was being interrogated when he reached the Police Station. Two other accused persons were also there. When he went to the room of SHO, the SHO was asking accused Amandeep as to where he had kept the knife. He remained at the Police Station for about half or quarter to one hour on that day. Accused Amandeep was being interrogated when he reached the Police Station. Two other accused persons were also there. When he went to the room of SHO, the SHO was asking accused Amandeep as to where he had kept the knife. The accused took 5-6 minutes to tell that the knife had been kept hidden under a culvert. He did not know what did the accused say during that period of 5-6 minutes, though he had been saying something. They went to the Police Station in the car of Rakesh Kumar. Rakesh Kumar had no business at the Police Station on that day. He simply accompanied him. The accused Amandeep made a disclosure statement. The police official told him and Rakesh Sharma to accompany them to the spot. The knife was lying under the culvert. The bridge was at a distance of 20-25 metres from the point where the accidental Santro Car had been found lying. It took about one to one and a half hour to reach the spot from Kasauli and to complete the proceedings regarding the recovery etc. The knife was not lying in the water. It was lying away from the water. The sketch of the knife was prepared. The recovery memo was also prepared on the spot. He has admitted in his cross-examination that the Police Station Kasauli was situated in the market of Kasauli and his village was at a distance of 3 kms away from the Police Station. 7. PW-3, Vijay Kumar, has deposed that he was a conductor in a private bus No. HP-14-1457. The bus started from Kasauli at 7:15 p.m. No body signalled the bus to stop at any point under any suspicious circumstances on any day about 6-7 months back nor did the police do any checking of their bus after any suspicious person having boarded it. He was declared hostile. 8. PW-7, Santosh Kumar has deposed that he was present in the Police Station, Kasauli on 07.10.2003. The police took into possession the pant which accused Amandeep was wearing. The pant has stains of blood. The stains of blood were encircled with a pen. The parcel of pant was prepared and the same was sealed vide Ex. PY. He signed the same as a witness. Ashok Kumar was the second witness. The police took into possession the pant which accused Amandeep was wearing. The pant has stains of blood. The stains of blood were encircled with a pen. The parcel of pant was prepared and the same was sealed vide Ex. PY. He signed the same as a witness. Ashok Kumar was the second witness. In his cross-examination, he deposed that the accused was wearing the pant when he went to the Police Station. It was got removed in his presence. It had 5-6 stains of blood. The seal after use was given to him. He has lost that seal. He reported the loss to the police. 9. PW-8, Kuljeet Singh has deposed that Harvinder, deceased was his first cousin being his father’s brother son. On 7.10.2003 around 10 a.m., they received a telephonic call from Police Station, Dharampur that his cousin Ravi @ Harvinder had been murdered. They reached at Dharampur at 4:00 p.m. Thereafter, the post mortem was conducted. 10. PW-13, Sh. Lekh Ram has deposed that he was posted as ASI at Police Station, Kasauli. On 6.10.2003 at 7:45 p.m., when he was officiating as SHO, he received a telephonic call from someone who did not disclose his identity. The caller informed that beyond Garkhal towards Pine Grove School, 3-4 young men were fighting and they were using knives and daggers and causing injuries to each other and that one Santro Car with its front towards Dharampur was also parked near them. He entered the aforesaid information in the rojnamcha vide rapat No. 30. He was informed by the police officials of Dharampur Police Station that they had already received the information telephonically and had put up a naka at Dharampur Chowk. He reached the spot around 8:30 p.m. When he reached the spot, SHO, Police Station, Dharampur alongwith some police force and three accused persons was already there. In charge, Police Post, Garkhal was also there. He saw a Santro Car with right side front tyre burst as a result of ramming into a parapet. One shirt stained with blood was also spotted on the slope towards valley side. He was informed by the SHO, Police Station, Dharampur that a dead body was lying in the Nallah. He recorded the statement of SHO, Police Station, Dharampur, namely Shri Chaman Lal, under Section 154 Cr. P.C. vide Ex.-PB. One shirt stained with blood was also spotted on the slope towards valley side. He was informed by the SHO, Police Station, Dharampur that a dead body was lying in the Nallah. He recorded the statement of SHO, Police Station, Dharampur, namely Shri Chaman Lal, under Section 154 Cr. P.C. vide Ex.-PB. The same was sent to the Police Station, Kasauli for formal registration of the case. The FIR was registered vide Ex.-PEE. He posted five police men to guard the spot and the dead body and took the accused to Community Health Centre, Dharampur for medical examination. Thereafter, he handed over the investigation to SHO. Next day, after getting the accused persons medically examined, he handed over them to SHO. The SHO directed him to verify the correctness of the Registration Certificate of Santro Car, which was found lying in that car. On 12.10.2003, he went to village Sanewal for the verification of the names and particulars of the accused persons. Ultimately, he found that the car belonged to Shri Narbahey Singh of Govind Industry of Ludhiana, with whom accused Ranjeet Singh was employed and that car had been stolen and report of theft was lodged at Police Station, Khanna. 11. PW-15, Sh. Udey Chand has deposed that he was posted as SHO, Police Station, Kasauli since 2003. The investigation of the case of murder of Harvinder Singh @ Ravi was conducted by him. He reached the spot at 11:45 p.m. ASI Lekh Ram and some other officials of Police Station, Kasauli were already there. It was dark, thus, no proceedings could be conducted that night. He went to Dharampur. Next morning, he went to the spot. On the spot, one Santro car, a front tyre of which had got brust due to dashing into parapet, was found. He inspected the spot and noticed various things lying at different points on the slope towards Valley side. He prepared he spot map Ex. PGG. He got the photographs of the car, dead body, shoe, shirt, ignition key and blood stained stones taken by photographer, Sh. Tirth Raj. Then, he took into possession a left foot shoe, Ex. P3 vide memo Ex. PF, blood stained shirt Ex. P9 vide memo Ex. PG, ignition key along key ring Ex. P8 vide memo Ex. PH, stones Ex. P10 and Ex. P11 vide memo Ex. PK, the Santro car vide memo Ex. Tirth Raj. Then, he took into possession a left foot shoe, Ex. P3 vide memo Ex. PF, blood stained shirt Ex. P9 vide memo Ex. PG, ignition key along key ring Ex. P8 vide memo Ex. PH, stones Ex. P10 and Ex. P11 vide memo Ex. PK, the Santro car vide memo Ex. PE, a Shoe Ex P1, Plastic can Ex. P2 and Registration Certificate Ex. P20 lying inside the car vide memo Ex. PD. He prepared the inquest reports vide Ex. PL and Ex. PM. The dead body was sent to Dharampur Community Health Centre for post mortem. The parcels prepared were deposited with Moharar Head Constable. He went to the Police Station. The pant worn by accused Amandeep bore stains of blood. The pant was got removed and taken into possession vide memo Ex. PY. The pant is Ex. P18. A parcel was prepared and the same was sealed with seal impression ‘H’. It was also deposited with Moharar Head Constable. The accused were got medically examined by ASI Lekh Ram. The accused were taken to Police Station. In the Police Station, accused Amandeep made a disclosure statement in the presence of witnesses Prabhu Dayal and Rakesh Sharma that he had kept a dagger hidden under a bridge. The statement of the accused was reduced into writing vide Ex. PN. The accused then took them under the bridge and then to the point where dagger Ex. P12 was lying. Photographs were taken at the time of recovery of dagger. Sketch of the dagger was prepared vide Ex. PO. Site plan of the site of recovery of dagger was prepared vide Ex. PHH. The recovery memo was also prepared which is Ex. PP. The dagger was made up in to a parcel. The parcel was sealed with a seal that produced the impression of letter ‘K’. That parcel was also deposited with MHC. The Post mortem report was procured. On the receipt of Chemical Examiner, Ex. PJJ, the challan was prepared and got presented in the Court. He has admitted in his cross-examination that in the photograph Ex. PX/36 pertaining to ignition key, culvert/bridge was also visible and same was marked as ‘A’. He has also admitted that there was variation between the position and the direction as shown in plan Ex. PHH and photograph Ex. PX/38. He has admitted in his cross-examination that in the photograph Ex. PX/36 pertaining to ignition key, culvert/bridge was also visible and same was marked as ‘A’. He has also admitted that there was variation between the position and the direction as shown in plan Ex. PHH and photograph Ex. PX/38. His explanation was that it could be due to taking of the photograph from different angle. According to him, Prabhu Dayal witness has come to the police station on 8.10.2003 of his own. 12. PW-4, Dr. Ashok Tagra has conducted the post mortem and issued post mortem report. According to his opinion, the death occurred due to the injury to the vital organs leading to massive hemorrhage causing shock followed by cardiorespiratory failure. 13. PW-5, Dr. D.D. Bhardwaj has medically examined accused Mohit Kumar, Ranjit Singh and Amandeep. He has noticed one abrasion 1 cm x 5 cm placed obliquely on the left let on front side on the upper aspect on the body of accused Mohit Kumar. The injury was simple in nature and its probable duration was half an hour. It was caused with some blunt weapon. He has issued medical legal report Ex. PU. The doctor has also examined accused Rajit Singh. He noticed a vertical abrasion measuring 3 cm on the medial aspect of middle of right leg. The injury was simple in nature and appear to have been caused within half an hour. He issued medico legal certificate Ex. PV. The doctor has also examined accused Amandeep. He noticed as many as three injuries on his body. According to him, injuries No. 1 and 2 were simple in nature. All the injuries were caused within half an hour with some blunt weapon. The third injury was referred to the dental surgeon . The dental surgeon gave his opinion after X-raying the tooth in question. According to his opinion recorded on the reverse side of the medico legal report, injury No. 3 was grievous having been caused within 12 to 24 hours with some blunt weapon. He has issued medico legal report Ex.-PW. 14. The prosecution has relied upon the following circumstances to prove its case: (a) The accused were seen inflicting knife blows to the deceased around 7:30 p.m., by the road side near the point where the dead body was recovered. He has issued medico legal report Ex.-PW. 14. The prosecution has relied upon the following circumstances to prove its case: (a) The accused were seen inflicting knife blows to the deceased around 7:30 p.m., by the road side near the point where the dead body was recovered. (b) After committing the murder the accused tried to flee from the spot, in a Santro Car, but being unnerved they rammed the car into a parapet. (c) After the car met with an accident, they boarded a private bus to disappear from the area. (d) Description of accused Amandeep tallies with the description of one of the three assailants, as was conveyed by an anonymous telephone caller. (e) The three accused persons were having injuries on their persons, when intercepted by the police, which fact suggests that they suffered the injuries when the deceased struggled to save himself. (f) There was a stain of blood on the pants which accused Amandeep was wearing at the time of his interception by the police. (g) The Santro car by which the accused persons tried to flee was a stolen one. (h) The accused and the deceased hail from Ludhiana District of Punjab and they knew each other and from this fact a presumption can be drawn that they came together to Kasauli area on the fateful day and thus the accused can be said to be with the deceased when he met with his end. (i) Accused Amandeep made a disclosure statement leading to the discovery of weapon of offence. Circumstance (a): 15. According to the prosecution, the accused were seen inflicting knife blows to the deceased around 7:30 p.m., by the road side. The Police Station, Dharampur and Police Station, Kasauli were informed that three accused persons were assaulting the deceased. The police has not made any steps to identify the caller, who has informed the Police Station, Dharampur and Police Station, Kasauli. PW-1, Chaman Lal has deposed that he did not come to know even after getting the telephonic call, who has made that call. It was not difficult for the prosecution to identify the caller by getting the records of B.S.N.L. or from the private operators. There is no explanation given by the prosecution why effective steps were not taken to trace out the identity of the caller. It was not difficult for the prosecution to identify the caller by getting the records of B.S.N.L. or from the private operators. There is no explanation given by the prosecution why effective steps were not taken to trace out the identity of the caller. According to the prosecution, the caller has informed the Police Station that one of the accused was wearing orange coloured shirt. The police has not recovered any orange coloured shirt. Thus, the best evidence has been withheld by the police. The police has not even tried to lift the finger prints from the car to connect the car with the commission of offence. Thus, the police has failed to prove this circumstance against the accused. Circumstance (b) 16. The prosecution has failed to prove the circumstance (b). It has come in the evidence that the Santro car was stolen and real owner was one Shri Narbahey Singh. The police could easily prove this circumstance by lifting finger prints from the car. It appears the police has not even searched the car thoroughly. Even if a human hair was recovered, the accused could be connected by conducting D.N.A. test. Thus, this circumstances was not proved by the prosecution. Circumstance (c) 17. Case of the prosecution is that after assaulting the deceased, the accused tried to run away and their car struck against a parapet. Thereafter, they abandoned the car and boarded a bus, which was coming from Kasauli and going towards Dharampur. The prosecution has failed to prove that where the accused have boarded the bus. PW-3, Sh. Vijay Kumar, who was Conductor of the bus, denied that the bus was checked by the police and accused persons were found travelling by that bus, who were made to get down from that bus. Thus, the prosecution has failed to prove that the accused have boarded the bus and were made to get down by the police at Dharampur. Circumstance (d) 18. Since the prosecution has failed to recover the orange shirt, it cannot be said that it was worn by accused Amandeep. According to the prosecution, the caller has informed the police that one of the accused was wearing orange coloured shirt and was taller vis-a vis other accused. The prosecution has failed to prove this circumstance also. Circumstance (e) 19. Since the prosecution has failed to recover the orange shirt, it cannot be said that it was worn by accused Amandeep. According to the prosecution, the caller has informed the police that one of the accused was wearing orange coloured shirt and was taller vis-a vis other accused. The prosecution has failed to prove this circumstance also. Circumstance (e) 19. A call was received at Police Station, Dharampur at 7:30 p.m. The accused persons were examined by PW-5, Dr. D.D. Bhardwaj at 12:20 a.m. The prosecution has not given any explanation why the accused were examined after more than five hours of the incident. The doctor has noticed abrasions on the persons of accused and issued medical certificates vide Ex. PU, Ex. PV and Ex. PW. The duration of the injuries was only half an hour. The doctor has not noticed any cut injury on any of the index fingers of accused Amandeep, as stated by PW-1, Chaman Lal. The doctor has noticed only an abrasion on palmar aspect of left index finger. The doctor has noticed five injuries on the person of accused Amandeep, though according to PW-1, he has noticed only single injury. Thus, it can safely be presumed that the injuries were not received by the accused persons during the assault since their duration is only half an hour of their examination by PW-5, Dr. D.D. Bhardwaj. PW-1, Chaman Lal has deposed that no injuries were found by him on the person of remaining accused. However, according to doctor, some abrasions were found on their person also. Thus, this circumstances has also not been proved by the prosecution. Circumstances (f): 20. According to the prosecution, there were blood stains on the pant of accused Amandeep, which he was wearing at the time of his interception by the police. According to the prosecution, this pant was got removed and was taken into possession on the next day, i.e. 7.10.2003, in the presence of PW-7, Shri Santosh Kumar and one Shri Ashok Kumar. No explanation has been given by the prosecution why this pant was not taken into possession immediately after the accused was intercepted. The doctor, who has conducted medico legal examination, has not noticed any blood stains on the pant of the accused. In case he has noticed, he was supposed to state the same in the medico legal certificate. No explanation has been given by the prosecution why this pant was not taken into possession immediately after the accused was intercepted. The doctor, who has conducted medico legal examination, has not noticed any blood stains on the pant of the accused. In case he has noticed, he was supposed to state the same in the medico legal certificate. Ex.-P19 was not sent to Forensic Science Laboratory for seeking the opinion of Chemical Examiner as to the origin of the blood stains, which were noticed on it. Thus, this circumstance has also not been proved against the accused. Circumstance (g): 21. It has come in the evidence that the car was stolen and the true owner was Shri Narbahey Singh of Govind Industry of Ludhiana and fake number was displayed on the car. This alone would not connect the accused with the alleged offence. Thus, this circumstance has also not been proved against the accused. Circumstance (h): 22. The accused were residents of Sunewal Tehsil. The deceased hailed from Payal Tehsil. The prosecution has not led any tangible evidence to establish that the accused knew the deceased. PW-8, Kuljeet Singh, cousin of deceased has not stated that the deceased and the accused were known to each other. PW-1, Chaman Lal has not testified that any of the accused persons disclosed the name of the deceased, rather identity card and some other papers including Ration Card were found in the pocket of the pant of the deceased. Thus, the prosecution has failed to prove this circumstance against the accused. Circumstance (i): 23. Now, the last circumstance is the manner in which the dagger has been recovered by the prosecution. According to PW-15, Udey Chand on 8.10.2003, when he returned to the Police Station, Kasauli after getting accused Amandeep medically examined from the Dental Surgeon with respect to his tooth injury, witness Prabu Dayal and one Shri Rakesh Sharma were already at the Police Station and in the their presence, he questioned Amandeep, upon which he disclosed that he had kept hidden a dagger under a bridge at a distance of one and half kms. from Garkhal. PW-2, Prabu Dayal is a stock witness. He has also appeared in 5-6 cases as a witness in the past. from Garkhal. PW-2, Prabu Dayal is a stock witness. He has also appeared in 5-6 cases as a witness in the past. According to him, when he and Shri Rakesh Sharma reached the Police Station, accused Amandeep was already being interrogated by the SHO and that after about 5-6 minutes of their reaching the Police Station, the accused made a disclosure statement regarding dagger. How PW-2, Prabu Dayal has reached the Police Station alongwith Rakesh Sharma is not explained by the prosecution. The village of PW-2 is at a distance of three kms. from Police Station, Kasauli. Similarly, how Rakesh Sharma has reached at the Police Station has not been explained by the prosecution. The dagger was found lying uncovered, unhidden and in the open, under the bridge. A shoe of the deceased, ignition key of the car and the shirt of the deceased were found lying scattered near the bridge. The police has earlier searched the spot and has recovered shirt, shoe etc. It is not believable why the dagger could not be recovered. There serious contradictions in the statements of Investigation Officer and the independent witness PW-2, Prabu Dayal. The prosecution has not examined Rakesh Sharma, another independent witness of recovery of dagger. It has come in the evidence that there were houses also near the bridge, but no independent witnesses have been associated by the police. Thus, this circumstance has also not been proved against the accused. The prosecution has recovered only one dagger, though according to anonymous caller, there was fight going on between young boys and they were using daggers/ knives. If that was so, the accused should have also received serious injuries. According to the post mortem, the death occurred within few minutes. The dead body must have been lifted from the road side and thrown into the nallah. However, in this process, the clothes of the accused were supposed to get stains of blood. However, the prosecution has not found any blood on the clothes of the accused, except on the pant of accused Amandeep, but the same has not been sent for chemical examination. 24. The learned trial Court after considering the entire evidence, has rightly acquitted the accused. We, therefore, find no merit in this appeal, which is accordingly dismissed. Bail bonds are discharged.