The case of the prosecution as noticed by the Trial Court reads as under:It is case of prosecution that on 30.08.93 at about 10 pm, Raj Kiran was present in the compound of his house situated in Village Khera Kalan.At that time, his younger brothers Narender and Om Singh and their uncle Balwant were also present there.All of them heard someone calling Raj Kiran.Raj Kiran sent his younger brother Narender but at the same time, he himself also got up and went out of his house.Sushil Kumar (accused) was seen pulling Narender out of the house by his hand.Surender took Narender in his grip from his backside.Sushil Kumar accused stabbed Narender.Sushil Kumar accused exhorted Ashok to stab Raj Kiran whereupon Ashok stabbed Raj Kiran in the middle of his abdomen,right side of his waist and on his buttock.As a result of the stab wound, Raj Kiran fell down and became unconscious.The occurrence was witnessed by Om Singh and Balwant Singh.Om Singh raised alarm for being saved.Accused persons then ran away from the spot towards their house.Many persons from the public also gathered there.About 10/15 days prior to the aforesaid occurrence, at about 4/5 pm, Raj Kiran and his brother Om Singh were present near their house.Sushil accused came towards them driving a jeep at a high speed.Om Singh and Raj Kiran had a narrow escape.Complainant party went to house of Sushil accused to lodge protest with his father Randhir Singh.Sushil accused was scolded by his father.On the same day, Sushil accused threatened to deal with them one by one.On 30.08.93 at about 10/10.30 pm, Inspector Harshvardhan, SHO, PS S.P. Badli received information on wireless that an incident of stabbing had taken place in Village Khera Kalan.Thereupon, he accompanied by Ct.Ramesh Kumar reached the spot i.e. near the house of Baldeva.SI Darshan Lal and Ct.Satanand were also found present there.The SI and the Constable had reached there on receiving call of quarrel at the Crl.Inspector Harshvardhan left Constable Ramesh at the spot to guard it and himself accompanied by SI Darshan Lal and Ct.Satanand reached Hindu Rao Hospital and from there collected MLC of Narender.As per MLC, Narender had been declared brought dead.Raj Kiran, injured was allegedly declared by the doctor unfit to make statement.Balwant Singh met the Inspector at the hospital and made statement.The Inspector appended endorsement whereupon ruqqa was sent from the hospital through Ct. Sadanand and present case was registered.The Inspector prepared rough site plan of the place of occurrence as pointed out by Balwant Singh.From the spot, the Inspector once again visited Hindu Rao Hospital and enquired about fitness of Raj Kiran to make statement.Still Raj Kiran was unfit to make statement.Balwant Singh PW produced before the Inspector one underwear of Raj Kiran.The underwear was found blood stained and having a cut.It was turned into a parcel, sealed with the seal bearing impression HV and then taken into possession vide a memo.It is also case of prosecution that on 30.08.93, Dr. R. Bhagi medico legally examined Narender and Raj Kiran at Hindu Rao Hospital and opined that sharp weapon was used in causing injuries on their person.In this respect, reports were given by the doctor.Lateron, Dr. V.K. Sehdev of Santom Hospital appended endorsement in MLC declaring Raj Kiran unfit to make statement.Dr. Ashok Jaiswal conducted autopsy on the dead body of Narender and prepared report.In the opinion of the doctor, all the injuries were antemortem in nature; injury No.1 and 2 were caused with a sharp edged weapon; injury No.3 and 5 were caused by fall and friction against hard surface; and injury No.2 was sufficient to cause death in the ordinary course of nature.In the opinion of the doctor, Narender died due to haemorhagic shock consequent to the injuries to the abdominal viscera.Mahender Singh delivered special reports to senior police officers and learned Metropolitan Magistrate.Constable Satanand produced two sealed parcels and sample seal of the seal of Dr. B. Singh, before the Inspector who seized the same vide a memo and in turn deposited the same in the malkhana.The dead body of Narender was delivered to the relatives of the deceased.It is further case of prosecution that in the evening of 31.08.93, the Inspector was present on G.T. Road, within the area of PS S.P. Badli.He received secret information to the effect that Sushil accused was present at the railway station, Khera Kalan and was about to flee away.Thereupon, the Inspector accompanied by SI Darshan Lal, Ct.Satanand and secret informer reached railway station, Khera Kalan, apprehended Sushil accused at the pointing out of secret informer.He was arrested and his personal search memo was prepared.He also made disclosure statement before the Inspector and in pursuance thereof he got recovered a knife from the grass under a bench at the railway station, Khera Kalan.The Inspector prepared rough sketch i.e of the knife, turned the knife into parcel and seized the same vide a memo.The Inspector visited Hindu Rao Hospital thrice/four times to record statement of Raj Kiran but every time he was found unfit to make statement.PW-9/A).The first site plan (Ex.The role assigned by him to the accused Surender was that he took his brother (deceased) in his grip from his back side and the accused Sushil stabbed his brother on the left side of his abdomen and on the face near his nose.The accused Sushil exhorted his brother Ashok that he should stab him.As a result of which the accused Ashok stabbed him in the middle of his abdomen, right side of his waist and buttock.Thereafter, PW5 fell down and became unconscious and when he re-gained consciousness, he found himself at Hindu Rao Hospital.With regard to motive, PW5 Raj Karan reiterated the incident which took place 10/15 days prior to the instant case.i) that on 30.08.1993, at 11.20 PM, he was brought by HC Vijender Singh (PCR R-87) to Hindu Rao Hospital;ii) that the injured was brought with alleged history of fight (stabbed) as told by the relations of the injured;iii) that the injured was unconscious, gasping and his blood pressure was not recordable;This led to Balwant Singh (PW-12) and Tara Chand complaining to the father of the respondent Sushil.Other persons also accompanied them.Father of accused Sushil begged forgiveness and reprimanded Sushil causing him to harbour a grudge against them.A. 731/2007 Page 25 of 42Om Singh (PW-4) deposed before the Trial Court that about 15-20 days prior to the incident, the respondent Sushil had drove the jeep at a very high speed near their house and at the time, he had a narrow escape.At this, the witness goes astray of the story of the prosecution.He further deposed that he himself had complained to the father of the respondent Sushil, who had scolded Sushil.He deposed that earlier also, the respondent Sushil had driven his vehicle at a high speed and it was only when the incident was repeated, the incident was reported to the father of the respondent Sushil.He also deposed that at the moment of narrow escape, he was standing with his brother Raj Karan and then they both had gone to lodge a complaint to the father of Sushil.After the complaint, the respondent Sushil had threatened to kill them.During cross-examination, PW-4 categorically denied the suggestion that his uncle Balwant and tau (uncle) Tara Chand had gone to complain to the father of the respondent Sushil.He affirmed the suggestion that prior to the incident, there was no enmity with the family of the respondent Sushil.Thus, it is difficult to believe that PW5 Raj Karan was not medically fit to make a statement on 30.08.1993 when he was brought to Hindu Rao Hospital or soon thereafter.In this regard, we concur with the findings of the learned Trial Court that the contents of rukka showing that the doctor declared Raj Karan unfit to make statement are not in consonance with the contents of the MLC Ex.PW6/B. In this regard, PW16 who was Investigating Officer deposed that he had visited Hindu Rao Hospital three to four times to record the statement of PW5 Raj Karan but he was found unfit every time and the statement of PW5 was recorded on 13.09.1993 by him upon his visit to Santom Hospital, Rohini.The statement of injured witness PW-5 Raj Karan was recorded after about 14 days from the incident, the delay in doing so remained unanswered and unexplained.It is the case of the prosecution that on 31.08.1993, the respondent Sushil made a disclosure statement and then got discovered a blood stained knife from the Railway Station of village Khera Kalan.The said recovery was made in the presence of PW2 Kartar Singh, SI Darshan Lal (since deceased), PW15 HC Satanand and PW16 Insp.PW2 Kartar Singh deposed in his examination-in-chief that on 31.08.1993, at about 7.00/7.30 AM while he was returning from his fields, he saw Police Officials standing near Railway Station of village Khera Kalan.Some public persons were also found standing there.The respondent Sushil who was correctly identified by PW2 in Court alongwith the Police officials and PW2 entered the platform.The respondent Sushil picked a knife which was blood stained from the platform which was subsequently sealed and turned into a parcel.PW15 HC Satanand deposed in his examination-in-chief that he was accompanied by PW16 Harshvardhan and SI Darshan Lal (since dead) to the village Khera Kalan where they were being informed by a secret informer that the respondent Sushil who gave stab injuries during the incident which took place last night was sitting at the Railway Station of village Khera Kalan.Thereupon, they reached the said Railway Station and found respondent Sushil sitting on a bench.Enquiry was made to him.One knife was found lying in the grass under the cement bench where he was sitting.The said knife was found blood stained.PW15 further deposed that PW2 Kartar Singh, a resident of the same Crl.A. 731/2007 Page 31 of 42 village had also come to the Railway Station who had attested the recovery memo.In his cross-examination, it was stated by PW15 HC Satanand that a secret informer met them on 31.08.1993, at about 5.00 PM.Disclosure statement of the respondent Sushil was recorded whereupon he disclosed about a knife.It was stated by PW15 that he did not remember as to whether respondent Sushil had disclosed that he had concealed a knife under the cemented bench, or that the said knife was used by him in causing injuries to the deceased and PW5 Raj Karan.It was also stated by PW15 that pursuant to the secret information received, firstly they had gone to the village Khera Kalan and then PW2 Kartar Singh was taken along from the village.A. 731/2007 Page 31 of 42PW16 Harshvardhan who was posted as SHO, Police Station S.P.Badli on the day of incident and was the Investigating Officer in the present case deposed in his examination-in-chief that in the evening of 31.08.1993, while he was present on G.T.Road within the area of Police Station S. P. Badli, he received an information through a secret informer that the respondent Sushil was present at Railway Station Khera Kalan and was about to flee from there.PW16 accompanied by SI Darshan Lal (since dead), PW15 HC Satanand alongwith the secret informer reached the Railway Station Khera Kalan.After pointing out by the secret informer, PW16 apprehended the respondent Sushil and then interrogated him after arresting him.His personal search memo was prepared by him.The respondent Sushil made a disclosure statement (Ex.PW16/D) stating that the knife used by him in the stabbing was concealed by him in the grass under the bench of the Railway Station.Thereafter, respondent Sushil pointed out the place where he had concealed the knife and at the same time took out the said Crl.A. 731/2007 Page 32 of 42 knife form the grass under the bench at the Railway Station.The evidence on record establishes that on 30.08.1993 at about 10:00 PM, Om Singh (PW4), Raj Karan (PW5) and deceased along with their uncle Balwant Singh (PW12) were sitting in their house.The accused Sushil called for Raj Karan, whereas Raj Karan sent the deceased Narender out of the house as to see who was calling him.The Crl.Present appeal has been filed under Section 378(3) of the Code of Criminal Procedure, 1973 ('Cr.P.C.') against the judgment dated 28.03.2007 passed by the Additional Sessions Judge: Fast Track Courts, Rohini ('Trial Court') in Sessions Case No. 02/2006 arising out of FIR No.359/1993 PS Samaypur Badli under Section 302/307/34 of the Indian Penal Code, 1860 ('IPC') whereby all the accused persons/respondents herein have been acquitted.Initially the State had filed a Petition seeking Leave to Appeal being Crl.L.P. 188/2007, which Crl.A. 731/2007 Page 1 of 42 was allowed vide order dated 16.11.2007 and the case was converted into a regular appeal.A. 731/2007 Page 1 of 42A. 731/2007 Page 2 of 42 house of Ram Kishan.On reaching the spot, they learnt that two persons had been removed to hospital by PCR staff.A. 731/2007 Page 2 of 42On return to the spot, the Inspector collected sample of blood from there, turned it into a parcel and sealed the same with seal bearing impression HV.The sample of blood was then seized vide a memo.On 31.08.93, the Inspector once again reached Hindu Rao Hospital, carried out inquest proceedings in respect of dead body of Narender, recorded statements of Ram Kishan and Radhey Shyam in respect of identification of dead body; prepared inquest Crl.A. 731/2007 Page 3 of 42 proceedings and submitted request for conducting autopsy on the dead body.A. 731/2007 Page 3 of 42It was on 13.09.93 that the Inspector recorded statement of Raj Kiran after visiting Santom Hospital.On 15.10.93, the Inspector got dispatched sealed parcels Crl.A. 731/2007 Page 4 of 42 lying deposited with MHC(M), to CFSL, Chandigarh through Ct.Jaswant Singh.On analysis, report was received.A. 731/2007 Page 4 of 42On 30.09.93, SI Manohar Lal visited the spot, where Om Singh was present, and he prepared scaled site plan of the place of occurrence...."The chargesheet was filed before the Trial Court and after hearing the parties, charge was framed on 16.09.1999 against the accused Sushil/respondent No.1 under Section 302 IPC and later on 09.11.2005, charge was framed against the other two accused persons/respondent No. 2 and 3 under Section 302/34 IPC.All the respondents pleaded not guilty and the case proceeded to trial.When the matter was listed before the Trial Court for final arguments on 14.03.2007, an additional charge was ordered to be framed against the accused Ashok/respondent No.2 under Section 307 IPC and against the other two accused persons/respondent No. 1 and 3 under Section 307/34 IPC.To bring home the guilt of the accused persons/respondents, the prosecution examined 16 witnesses in all.Statements of the accused persons/respondents were recorded under Section 313 of Cr.P.C. wherein they denied all the incriminating circumstances against them and claimed false implication.The accused Surender/respondent no.3 raised the plea that he was not present in the village on the day of the offence.Two witnesses were examined by the respondents in their defence.After examining the evidence before it, the Trial Court found the testimonies of the eyewitnesses (PW-4, 5 and 12) to be unreliable as being contradictory and being improved on material aspects, the prosecution had failed to show the exact location of the incident, recovery was found to be unreliable, motive was not established and Crl.A. 731/2007 Page 5 of 42 there was delay in lodging of FIR opening scope of tutoring and ultimately, acquitted all the accused persons/respondents herein.Aggrieved, the State had filed a leave to appeal, which was allowed and converted into the present appeal.The State is assisted by the counsel for the complainant.A. 731/2007 Page 5 of 42Kolluru, learned APP for the State, submits that the judgment passed by the Trial Court is not in consonance with the law as well as facts which emerged during the trial.The Trial Court has failed to take into consideration that there were three eyewitnesses account, i.e. Om Singh (PW-4), Raj Karan (PW-5) and Balwant Singh (PW-12), whose testimony is cogent and reliable and the defence was unable to impeach their veracity even during the cross-examination.Kolluru submits that grave miscarriage of justice has occurred by recording acquittal of the accused persons/respondents herein by the Trial Court and thus, warranting interference by this Court.Learned counsel submitted that the three eyewitnesses have been consistent on all the material counts including that (i) the complainant party was sitting at home when the incident occurred; (ii) someone called out to Raj Karan (PW-5); (iii) the deceased was sent out and the respondent no.1/accused Sushil pulled him out and stabbed him while accused Surender held him; and (iv) The accused Ashok had stabbed Raj Karan (PW-5).It is next submitted that there are very minor inconsistencies between the ocular account and the medical record and cannot cast any doubt upon the Crl.A. 731/2007 Page 6 of 42 ocular account.As regards motive, Ms.Kolluru has submitted that 15-20 days prior to the incident, respondent Sushil had driven his jeep at very high speed and in a reckless manner barely avoiding Om Singh (PW-4).The family members then went to complain to respondent Sushil's father about this, which enraged the respondent Sushil and he threatened them.It is submitted that as regards the inconsistencies highlighted by the Trial Court to throw out motive, the same were very minor and did not go to the root of the matter.The second reason of the Trial Court that Raj Karan (PW-5) was neither the victim of the rash driving nor the complainant and there was no reason for the respondent Sushil to call him out is also fallacious.Learned counsel submitted that both PW-4 and PW-5 were witnesses to the rash driving incident and even if some other family member complained about the same, it was only at their instance and thus, it was natural for the respondent Sushil to nurse a grudge against them.Further, Raj Karan (PW-5) being the eldest brother, it was natural for the respondent Sushil to call him over anyone else.Kolluru next contended that there was no delay in the recording of the FIR which would have allowed deliberation to falsely implicate the respondents.The incident occurred at about 10.00 PM, the DD No. 18-A was recorded at 10:20 PM, the victims were brought to the Hospital at 11:20 PM while Narender succumbed to his injuries at Crl.A. 731/2007 Page 7 of 42 11:45 PM and the statement of PW-12 Balwant Singh was recorded at the Hospital and tehrir endorsed at 12:50 AM.The total time gap between the death of Narender and the registration of FIR is only 1 hour and the rukka statement clearly mentions the presence and role of all the three respondents.Accordingly, Ms.Kolluru submits that there was no delay in the recording of the FIR.A. 731/2007 Page 7 of 42It is submitted by learned counsel for the State that the reason why the statement of Raj Karan (PW-5) was recorded on 13.09.1993 is that even though he was conscious, he was not oriented.R.Bhagi (PW-6) had prepared the MLC and deposed before the Trial Court that he had referred both the deceased and PW-5 Raj Karan to emergency surgery and hence, the IO would not have got a chance to record his statement.The MLC (Ex.PW-6/B) contains two endorsements to the effect that PW-5 Raj Karan was declared unfit to make a statement, one dated 02.09.1993 and the other undated made by PW-8 Dr.V.K. Sehdev of Santhom Hospital (where PW-5 Raj Karan received treatment after leaving Hindu Rao Hospital).The IO (PW-16) has also deposed that he went to the Hindu Rao Hospital 3-4 times for recording of the statement of PW-5 Raj Karan, but found him unfit.Learned counsel concluded that the delay in recording the statement of PW-5 Raj Karan stood duly confirmed and even otherwise, the names of the respondents already figured in the rukka on the same day the offence was committed.Further, Balwant Singh (PW-12) is not a planted witness.The mere omission of the doctor to mention his name in the MLC is not a ground to disbelieve his presence on the spot.All the eyewitnesses have categorically deposed about the presence of PW-12 at the spot and both PW-4 and PW-12 have stated that PW-12 accompanied the injured in Crl.A. 731/2007 Page 8 of 42 the PCR vehicle.PW-4 stated that Tara Chand later went to the Hospital and it is possible that at the time of recording of the MLC, the doctor spoke to him and his name got recorded.It was never contended that the bodies of PW-5 and the deceased were moved single handedly by Balwant Singh (PW-12) and the finding to this effect is in the realm of sheer conjecture.At the spot, admittedly PW-4 was also present and he could have assisted PW-12 in the endeavour.A. 731/2007 Page 8 of 42Learned counsel for the State further submitted that the Trial Court has erred in not relying on the recovery of the blood stained knife at the instance of the respondent Sushil.The public witness (PW-2) and the police witnesses (PW-15 and PW-16) are consistent to all the material aspects of the recovery and the difference in the time of recovery is immaterial.Further, it is contended that the presence of the respondents namely Surender and Ashok also stands established from the testimonies of the eyewitnesses.Neither DW-1 nor DW-2 can serve as alibis with regard to the presence of respondent Ashok and even if they are believed, respondent Ashok could have accompanied his brothers/co-accused bidding DW-1 and DW-2 goodbye and entered his house.Even the failure of the prosecution to examine public witnesses is of no consequence in view of the clear and consistent testimonies of the eyewitnesses.Kolluru submitted that the failure to seize the clothes of Raj Karan (PW-5) would make no difference as the knife used by the respondent Ashok was never recovered and the analysis of correlation between the stab injuries and the marks on the clothes would not be possible.It is next submitted that the spot of the occurrence was also identifiable.The mere statement by PW-15 and DD No. 18-A of the spot at the Crl.Even the two site plans are consistent as the site of the occurrence being infront of the house of Baldeva.Further, the absence of the location of PW-12 in the site plan (Ex.PW-16/B) from where he witnessed the incident is of no consequence and amounts to creating issues out of non-issues.As regards the position of the respondent Surender not being mentioned in the site plan (Ex.PW-16/B) is concerned, the same is clearly identifiable as point 'A' as the respondent Surender had caught hold of the deceased Narender and the place he was attacked would also be the location of the respondent Surender.A. 731/2007 Page 9 of 42The final contention of Ms.Kolluru is that the non-examination of the PCR staff, though a lapse on the part of the IO, is not fatal to the case of the prosecution.Even the anomaly between the date of dispatch and receipt of the sealed parcels at Chandigarh cannot lead to the conclusion that there was a possibility of tampering as no suggestion has been made to any of the witnesses to this effect during cross-examination.The learned counsel for the State concluded by submitting that the eyewitness accounts of PW-4, 5 and 12 are clear, consistent with each other and assign specific roles to each of the respondents.Statements of PW-4 and PW-12 are recorded soon after the incident, at different locations, without any time for family discussion for the purposes of meeting of minds for false implication of the respondents herein or for planting of PW-12 as a fake eyewitness.The ocular accounts are corroborated by medical evidence and police investigation.The defence witnesses do not provide Crl.A. 731/2007 Page 10 of 42 alibis to the respondent Ashok during occurrence of incident.Similarly, no witnesses or evidence has been led to disprove the presence of the respondent Surender at the time and place of incident.Narender suffered a hasty death consequent to the stab injuries and Raj Karan (PW-5) was hospitalized for over 2 weeks and underwent multiple surgeries.A. 731/2007 Page 10 of 42Learned counsel for the complainant adopted the arguments of the State and further submitted that the non-examination of Tara Chand, even if he was present at the site, would not reduce the credibility of the eyewitnesses account.As regards motive, Mr.Choudhury relied upon the judgment of the Supreme Court in State of Rajasthan v. Arjun Singh, reported at (2011) 9 SCC 115 (paragraph 12 and 14) to submit that even in the absence of specific evidence as to motive, the case of the prosecution cannot be disbelieved owing to eyewitness account.Reliance was also placed on Badru Ram v. State of Rajasthan, reported at (2015) 11 SCC 476 (paragraphs 5-7) to submit that eyewitnesses account corroborated by medical evidence and recovery of the weapons are sufficient to convict the accused even if there are minor discrepancies in the ocular account.Controverting the contentions of the State and the complainant, Mr.Hariharan, learned senior counsel for the respondents, submitted that there is no infirmity in the judgment of the Trial Court warranting interference by this Court.The Trial Court has correctly appreciated the evidence before it and acquitted all the respondents.Learned senior counsel submitted that the prosecution was unable to ascribe any motive to the respondents to attack Raj Karan (PW-5).There are numerous inconsistencies and contradictions in the testimony of PW-4, 5 and 12 Crl.A. 731/2007 Page 11 of 42 about the incident of rash driving.PW-4 and PW-5 have deposed differently about the group of persons who went to lodge a complaint to the father of the respondent Sushil.Both have in their statements under Section 161 Cr.P.C. omitted to name each other when the incident of rash driving happened.Balwant Singh (PW-12) has given a completely different account and did not name PW-5 to be present when the respondent Sushil drove the jeep and also deposed that he alongwith his brother Tara Chand had gone to lodge a complaint as opposed to the testimony of PW-5 that he had gone with Balwant Singh (PW-12).Similar statement was made by PW-12 under Section 161 Cr.P.C. Mr.Hariharan further submitted that even if it is believed that Balwant Singh (PW-12) and Tara Chand had gone to lodge a complaint, the same would not supply any motive to the respondent Sushil to call out Raj Karan (PW-5).A. 731/2007 Page 11 of 42Learned senior counsel next contended that the presence of Balwant Singh (PW-12) was rightly doubted by the Trial Court.Though, the prosecution had alleged that he was the only public person to accompany the injured to the Hospital but his name has not been recorded in the MLCs.Even the staff of the PCR Van, whose name figures in the MLCs, has not been examined to corroborate the presence of PW-12 at the spot and in the Hospital.In the MLC of PW-5 Raj Karan (Ex.PW-6/B), it is recorded: "Alleged h/o fight (being stabbed by someone) as told by one Tara Chand, s/o Sis Ram, r/o village Khera Kalan".Name of PW-12 is nowhere mentioned.Additionally, it is improbable that PW-12 would accompany the injured persons to the hospital and would not himself give the history of assault, especially when the accused persons were very well known to him.Tara Chand, Crl.A. 731/2007 Page 12 of 42 who could have deposed as to the presence of PW-12, was also not examined by the prosecution.Learned senior counsel contended that the account given by PW-12 is also unbelievable as it is not possible for him to shift two injured persons to the cots and in the process not get his clothes stained with blood.The testimony of PW-4 to the effect that Balwant Singh (PW-12) had accompanied the PCR Van to the hospital also cannot lend any credibility as the same was not mentioned in his statement under Section 161 of Cr.P.C. and PW-4 was duly confronted with the same.The doctor would not give the underwear to Balwant Singh (PW-12) and not seal it in a pullanda especially when the police officers were admittedly present in the Hospital.Further, neither Raj Karan (PW-5) identified the said underwear before the police nor the same was put to him during his testimony in Court; nor he himself deposed anything about his underwear being taken by somebody while he was admitted in the Hospital.It was also submitted that PW-12 himself cannot identify the underwear as the one worn by Raj Karan (PW-5) as he never removed it nor saw him wearing it.He can only identify the underwear as the one handed to the police and he never disclosed the source of the underwear.The fate of the other clothes of PW-5 is also unknown.A. 731/2007 Page 13 of 42 evening waiting for the same to be seized by the police at his instance; second, different accounts have been stated by PW-2, 15 and 16 about the manner in which the police party proceeded, was joined by PW-2 and the time of recovery; and third, as the public witness (PW-2) only deposed that the knife was similar to the one seized and not the same one.As an alternative submission, learned senior counsel contended that even if the recovery is believed, there is nothing to link the same with the offence as the opinion of the doctors was not sought nor the origin of the blood determined by the FSL.Further, out of the two knives used, only one was ever recovered.None of the eyewitnesses ever deposed that the knife changed hands.A. 731/2007 Page 13 of 42The initial DD No.18-A (Mark PW-16/B) records the location as the house of Pradhan Ram Kishan in Khera Kalan.Thereafter, the police was bound to reach the spot and they eventually did reach there.PW-15 deposed to the effect that other police officials also reached there and Ct.Ramesh (PW-10) was left to guard the same and blood was lying there.There is no evidence from the prosecution as to not only the site of the incident changed from there, but also the position of the blood.Hariharan next drew our attention to the Site Plans (Ex.PW-16/B and Ex.PW-16/B) was allegedly made at the pointing of Balwant Singh (PW-12), however, PW-12 nowhere in his entire testimony deposed that the site plan was prepared on his pointing.Further, as per the case of the prosecution two stabbing incidents took place and hence, blood should be found on two spots, but the blood was found only at one spot.The site plan does not show the presence of respondent Surender.Even the Crl.A. 731/2007 Page 14 of 42 scaled site plan (Ex.PW-9/A) does not show the presence of Balwant Singh (PW-12) nor does it show the presence of the respondents Surender and Ashok.It was next contended that the prosecution is also guilty for non-examination of important witnesses as neither Tara Chand nor the PCR officials were ever examined.A. 731/2007 Page 14 of 42It was next contended on behalf of the respondents that there is no explanation for the recording of the statement of the injured witness Raj Karan (PW-5) belatedly after a gap of about 14 days.R.Bhagi (PW-6) had examined both the injured at first in point of time, however, he never made any endorsement on the MLC that the patient was unfit for statement nor deposed before the Trial Court.Even the MLC (Ex.PW- 6/B) records that the patient was fully conscious at the time of admission and his blood pressure is shown as 110/80, therefore, there was no reason for his statement not being recorded at the first instance.On the other hand, though Dr.V.K. Sehdev (PW-8) deposed that he had made an endorsement to the effect that the patient was unfit for statement, but no such endorsement is found on the MLC.The only endorsement made stating that the patient is unfit for statement was made by Dr.Shanti on 02.09.1993 and she was never examined as a witness.Hariharan also pointed out to the contradiction in the testimony of PW-5 wherein he stated to have learnt about the death of his brother Narender while he was unconscious in the Hospital for about 10-15 days.While Balwant Singh (PW-12) negated the version by deposing that PW-5 was unconscious for 2-3 days and thereafter, started talking.PW-12 also deposed that Raj Karan (PW-5) was discharged after about a week and at the time, he could speak and talk.Learned senior counsel submitted that the presence of Om Singh (PW-A. 731/2007 Page 15 of 424) has not been conclusively established by the prosecution.It was contended that his conduct was unnatural as he neither accompanied the deceased and injured (PW-5) to the Hospital nor came forward and approached the police while they reached the spot.Similarly, PW-15 a