Mohammad Rafiq, J.

1. This is an unusual case where the lack of application of correct law has resulted in grave miscarriage of justice. We shall discuss the reasons thereof in greater details in the later part of this judgment.

2. The facts giving rise to the present case are that one Surendra Kumar son of Dhumi Ram by caste Chamar, aged 32 years, resident of Khundroth, Tehsil Behror, District Alwar submitted a written report at 10.00 A.M. on 02.09.2008 to S.H.O., Police Station Mandhan, District Alwar alleging that on 01.09.2008, he had gone to Behror for appearing in the examination for appointment on the post of Teacher in Bharti Foundation Institute. It was further stated that he stayed in the house of his relative during night. In the morning around 9.00 A.M. on 02.09.2008, he received a telephonic call from his cousin Suresh that his mother has been murdered by someone. He immediately started for home. On reaching there, he found that her mother was lying dead on the cot in the chowk of their house. She had an injury on her throat. Someone had murdered his mother. On the basis of that written report (Exhibit P-1), FIR No. 160/2008 was registered at Police Station Man