IMPORTANT POINTS
(1) Evidence of witnesses can not be discarded merely because their statements were recorded under Section 164 Cr.P.C. and all that is required as a matter of caution is a careful analysis of the evidence.
(2) Evidence of injured witnesses have greater evidentiary value and unless compelling reasons exist, their statements are not to be discarded lightly.
(3) Omission to mention name of assailants in requisition memo of injury perforce does not render prosecution version brittle.

JUDGMENT

Arijit Pasayat, J.-Questioning acquittal of the respondents by the impugned judgment of the Madhya Pradesh High Court, Jabalpur Bench at Indore, by which the conviction and sentence imposed by the learned Additional Sessions Judge, Ratlam, were set aside, this appeal has been filed by the State of Madhya Pradesh.

2. Four persons i.e. respondents herein faced trial for allegedly causing homicidal death of Dharamchand (hereinafter referred to as the deceased ) on 6-8-1984.

3. Background facts as highlighted by the prosecution version sans unnecessary details are as follows:

4. On the fateful day at about 9.30 a.m. deceased accompanied by Mansingh (PW 4) and Gulabsingh (PW 7) was going from his village Talod to Alote. The accused persons were hiding behind bushes on the road near village Gharola. They were armed with lathies and farsies. When the deceased and the aforesaid two persons reached near the Khakhra, the respondents surrounded them and started attacking the deceased with weapons with which they were armed. His nose was cut, PW. 4 and 7 tried to intervene, but they were also attacked by the accused persons as a result of which they also received injuries. The two witnesses rushed to the police station where PW 4 lodged the FIR (Exhibit P-10). The deceased in injured condition was taken to the hospital, and later he succumbed to the injuries. Post-mortem was conducted and large number of injuries were found on his body. During investigation the alleged weapons of the assailants were seized. After investigation charge sheet was placed. Appellants were charged for commission of offences punishable under Section 302 read with Section 34 and Section 324 read with Section 34 of Indian Penal Code, 1860 (for short `IPC ). During trial accused persons pleaded innocence. They were acquitted for offence punishable under Section 324 read with Section 34 IPC, but were convicted for offence under Section 302 read with Section 34 IPC each, to undergo life imprisonment. Accused Bhanwar Singh was convicted for offence punishable under Section 323 IPC, accused Bheru Singh also similarly convicted, and each of them were sentenced to undergo six months RI for the offence.

5. At this juncture it is to be noted that ten witnesses were examined to further the prosecution version. Apart from PWs. 4 and 7 who claimed to be eye witnesses, one Jaswant Singh (PW 8) was also examined to substantiate the claim that an oral dying declaration was made by the deceased before the said witness implicating the accused persons to be his assailants. The Trial Court accepted the prosecution version and convicted the accused-appellants and sentenced them as noted supra. The matter was carried in appeal by the accused persons. Several circumstances were highlighted to attach vulnerability to the prosecution version. One of the circumstances was alleged manipulation of the FIR to indicate as if the same was lodged at 10.25 a.m. The evidence of PWs. 4, 7 and 8 were also subjected to criticism on the ground that they did not inspire confidence. It was pointed out that the evidence of PWs 4 and 7 were recorded under Section 164 of the Code of Criminal Procedure, 1973 (for short the Cr.P.C. ) and that was a highly suspicious circumstance. It was also submitted that though during trial, there was mention about use of knife in the FIR, the statements under Sections 161 and 164 of the Code, there was no mention about them. Though knife was stated to have been found at the spot, there was no investigation directed to find out as to how it came there at the spot of occurrence. A plea was raised by learned counsel for the accused that Section 34 has no application to the fact of this case. With reference to the statement of the witnesses it is pointed out that the accused persons did not come together, and first two persons came followed by two others. The High Court accepted stand of the accused persons and recorded the following findings:-

6. (1) There was manipula