JUDGMENT

Shah, J.—With respect I regret for my inability to agree with the judgment rendered by my learned brother Justice Agrawal. At the outset, it requires to be stated that this case illustrates how faulty, delayed, casual, unscientific investigation and lapse of long period in trial affects the administration of justice which in turn certain shakes the public confidence in the system. It is not possible for the authorities to find out ways and means for speedy, efficient, scientific investigation in at least heinous brutal carnage and for trying the case within few months of occurrence? If this is not done, it is of no use to complain that accused are not punished in such cases. In any case, for deciding such criminal case, it is the bounden duty of the court to appreciate the evidence brought on record, as it is, in accordance with established law without being influenced by the allegations levelled by the prosecuting agency or by the incident. Before appreciating the evidence, I would refer to the observations of this Court in State (Delhi Admn.) v. Laxman Kumar [(1985) 4 SCC 476 at 505] observed as ­under:-

"Mankind has shifted from the state of nature towards a civilized soc