( 1 ) OUT OF THE TWO who is to be blamed or accused more in the acquittal appeal ? One who is a driver of a tanker, who caused an instanteneous death of two young lads due to the rash and negligent and/or, two - is it the investigating agency which failed to perform its first and foremost elementary duty of establishing the identity of the accused as a person involved in the fatal accident causing the death of the prosecution case also ? And if the aforesaid blame can as well be squarely fixed on the investigating agency then whether mere resort to Sec. 25 of the Bombay Police Act, 1951 (dealing with the departmental inquiry and power of the State Government to punish the Police Officer for neglect of duty) by itself is an adequate measure commensurate with the grossness of the negligence of the Investigating Officer. Further whether such a measure by itself can in any way at all help improving face-lifting of the falling standard of investigation ? What then is the way out? these, in short, at the outset, are the indexes to the discussion that is to follow while appreciating the merits of this acquittal appeal.

( 2 ) THIS acquittal appeal arises out of the judgment