1. - The question raised in this bail application requires serious consideration by this Court. The question is under what circumstances a second statement/ additional statement of witness should be recorded by the Investigating Officer. In the present case, the prosecution case is that at midnight, about 11.30 p.m. intervening 1st-2nd November, 1994, 6-7 miscreants entered the house of the complainant with covered faces. The wife of Babulal, namely, Smt. Sohan Dei was feeding her minor child. Babulal raised alarm seeing the miscreants and he was dragged out by them. Thereupon, Babulal's wife Sohan Dei cried for help, which attracted the complainant-Phool Singh (Babulal's elder brother) and his wife-Shiv Devi. Some neighbours also ran towards the house. One of the miscreants made a gun fire towards Babulal, which hit at his chest and ultimately he succumbed to the injuries. The miscreants then, ran away.

2. Thus, as per FIR the miscreants were having covered faces and they could not be identified.

3. Thereafter, the Investigating Officer recorded statements of the witnesses under section 161 Cr.P.C. All the eye witnesses were consistent in their statements that the miscreant