JUDGMENT

Sethi, J.-Fairly conceding that in a criminal case while hearing an appeal by special leave this Court cannot ordinarily embark upon a re-appreciation of evidence, in view of concurrent findings Mr. Sushil Kumar, learned Senior Counsel for the appellant has contended that without appreciating afresh their testimony, the statements of Rakesh Pravinchandra Kinarivala (PW1) and Satish (PW12), the alleged eye-witnesses cannot be accepted as their presence on spot is highly improbable. In support of his contention he has referred to circumstances which allegedly show that the FIR had been ante-timed only for the purposes of planting the aforesaid witnesses as eye-witnesses to the occurrence. Non-mention of the FIR number and the name of the witnesses in the inquest panchanama (Exh.37) has been cited as an instance to probabilise that the aforesaid witnesses were introduced later. Learned counsel has further submitted that as despite taking finger prints from the place of occurrence and sending it to the expert for his opinion, the prosecution did not produce the opinion of the expert in the court, which amounted to withholding of evidence, the courts should have drawn an i