The court upheld the trial acquittal due to unreliable eyewitness testimonies and contradictions in the prosecution's evidence, reinforcing the principle of presumption of innocence.

1. On December 5, 1979 Sh. Joginder Nath, Additional Sessions Judge, acquitted Balbir Chand alias Billa, Mohan Lal, Ramesh Kumar, Bansi Lal, Ashok Kumar and Nafis charged u / S.302, S.147, S.149 and S.323 of the Indian Penal Code . The State, feeling aggrieved, has filed this appeal.

2. The case of the prosecution falls into a short compass. Its essentials may be recapitulated. The occurrence is of December 15, 1978. Time, about 12-15 p.m. Jagdish was the name of the deceased. The First Information Report was lodged by his nephew Surinder Kapur, who, at that time, was a student of Gurukul Higher Secondary School situated at Ram Bagh, Kishan Ganj, Delhi. He entered into the witness box as witness No. 2 of the prosecution. Besides him, the other alleged eyewitnesses to the occurrence are Ram Parvesh and Harminder Singh (PWs. 3 and 4 respectively). The summum - bonum of the evidence is that on the day of occurrence while Surinder Kapur was coming out of his school, the deceased and Ram Parvesh met him. They were on their way to recover the money lent to Ashok Kumar accused by the deceased. Surinder Kapur also accompanied them. When they reached near Lalit Hosiery which was at a distance of about fifty or sixty yards from the school, they noticed Ashok Kumar, Banasi Lal and Mohan Lal standing on the road. The deceased made the demand to which Ashok Kumar retorted : "Sale Kaise Paise?" However, Mohan Lal reacted more sharply. He wondered how the deceased had dared to come to their place of work, ask for money and thereby heap an insult on them. Soon thereafter, Ashok Kumar and Bansi Lal called Nafis, Balbir Chand alias Billa and Ramesh Kumar. They were exhorted by Ashok Kumar to kill Jagdish as he had insulted them, whereupon Ashok Kumar and Bansi Lal felled Jagdish on the ground, and held him from his legs while Balbir Chand alias Billa, after having stationed himself on his chest, gave blows on his face with a stone (Ex. P - 1 ) weighing about 3. 5 kilograms. Mohan Lal accused also did not lag behind. He brought an iron angithi (Ex.P - 3) and inflicted injuries on his face with it. Soon thereafter, the accused took to their heals. Ram Parvesh and Harminder Singh chased them but without success. Jagdish was taken to the hospital by Ram Parvesh where he was declared dead.

3. Though what has been noticed above, completes the prosecution version of the occurrence, one fact has, however, been left out so far and purposely. It is that while running away Balbir Chand alias Billa accused had fallen down as a result of which he had sustained some bleeding injury on his mouth. This part of the prosecution version having played a pivotal role in the conclusions arrived at by the learned Sessions Judge, we thought of giving it a place of prominence. In fact, as we shall reveal in the succeeding paragraphs, the injuries on the person of Balbir Chand alias Billa accused, have weighed quite heavily with us as well.

4. The other aspects of the prosecution version relate to investigation and medical evidence besides the reports of the Central Forensic Science Laboratory. Only the essentials need be mentioned. The Investigating Officer is Sub-Inspector Pritpal Singh (P. W.22). While on patrol duty, he reached the place of occurrence, found Surinder Kapur and Harminder Singh present there, recorded the statement of Surinder Kapur (Ex. PW2 / A) and sent the same along with his endorsement to the police station for registration of a case. Soon thereafter, he received copy of Daily Diary No. 15 - A (Ex. PW 14 / D) informing him of the death