JUDGMENT : Vivek Singh Thakur, J. State of Himachal Pradesh has preferred this appeal against acquittal of respondent in case FIR No. 289, dated 30.11.2011 registered in Police Station Sadar, Chamba under Section 302 of the Indian Penal Code, vide judgment dated 18.8.2012 passed by Sessions Judge, Chamba in Sessions Trial No. 12 of 2012, titled as State of Himachal Pradesh Vs. Yogesh Kumar alias Yadu. 2. Prosecution case is that on 29.11.2011 at about 10:37 PM a telephonic call was received in the Head Office of 108 Ambulance regarding an emergency, to be attended at village Saroo, District Chamba, whereupon PW-6 Pawan Kumar Emergency Medical Technician alongwith driver of Ambulance Surinder Kumar (not examined) proceeded towards Saroo in Ambulance bearing No. HP-63-4394. After some time caller had talked with PW-6 Pawan Kumar, whereupon caller was informed that Ambulance was on the way and likely to be reached on the spot. On reaching Saroo Nallah, PW-6 Pawan Kumar and driver did not find any patient on the spot, whereupon they tried to contact the patient on telephone number available with them, but no one was responding on the said phone and consequently PW-6 Pawan Kumar informed the Head Office accordingly. While going towards Saroo Nallah, Ambulance staff had noticed a person lying on the road side. They had mistaken him to be some drunkard. During return journey, PW-6 Pawan Kumar asked his Head Office as to whether he could attend upon the said person. On receiving permission to do so, the Ambulance staff stopped near the person, who had been found with injury on his head. First aid was given to him on the spot by PW-6 Pawan Kumar. According to PW-6 Pawan Kumar the patient was unconscious and it was informed to the Headquarter and Police was informed by the Headquarter. 3. On receiving permission to do so, the Ambulance staff stopped near the person, who had been found with injury on his head. First aid was given to him on the spot by PW-6 Pawan Kumar. According to PW-6 Pawan Kumar the patient was unconscious and it was informed to the Headquarter and Police was informed by the Headquarter. 3. According to prosecution case a telephonic information was received, from emergency phone number 108, in Police Station, Sadar Chamba at 11:20 P.M., informing that team 108 of Regional Hospital Chamba had informed through Headquarter, on a conference call that a person was lying dead at Saroo, whereupon ASI Kuldeep Chand alongwith ASI Jai Chand, Head Constable Kuldeep Chand, constable Ram Chand, Honorary Head Constable Raj Kumar alongwith Camera and Videographer HHG Desh Raj, HHG Ranjeet Singh, left for spot in official vehicle HP-73- 0919 being driven by Constable-driver Suresh Kumar and in this regard daily station diary GD entry number 56 (A) was recorded at 11:20 P.M. 4. PW-19 ASI Kuldeep Chand alongwith Police Party, after informing PW-15 Kulbhushan Verma Deputy Superintendent of Police Headquarter, reached on the spot, but none was found there. He called PW-4 Bansi Dhar Pradhan of Gram Panchyat. One Keso was also accompanying the Pradhan. The dead body, lying on the road side, was got identified by Pradhan as Des Raj S/o Sh. Rijhu Ram, R/o Village Chhabuin. 5. PW-4 Bansi Dhar Pradhan also disclosed that wife of deceased was living at Drabla. Photographs of the dead body were taken on the spot. Dead body was sent to mortuary in Regional Hospital, Chamba. Inquest reports Ex. PW-4/W and Ex. PW-4/X were filled in in presence of witness Janak Raj (not examined) and PW-4 Bansi Dhar. PW1 Bebi wife of deceased Des Raj was informed, who reached in Regional Hospital and identified the body of deceased. 6. PW-19 ASI Kuldeep Chand recorded statement Ex. PW-1/A of PW-1 Bebi under Section 154 Cr.P.C. The said statement was sent to the Police Station Sadar Chamba for registration of FIR through HHC Raj Kumar. 7. After registration of FIR Ex. PW-17/A, case file was received by PW-19 ASI Kuldeep Chand, whereupon PW-19 proceeded to the spot and prepared spot map Ex. PW-19/B. On the spot plastic chappal (Ext. P-1) of deceased, empty bottle of country liquor (Ext. P-3), full bottle of Una No. 1 (Ext. P-4), black rectangular pipe (Ext. 7. After registration of FIR Ex. PW-17/A, case file was received by PW-19 ASI Kuldeep Chand, whereupon PW-19 proceeded to the spot and prepared spot map Ex. PW-19/B. On the spot plastic chappal (Ext. P-1) of deceased, empty bottle of country liquor (Ext. P-3), full bottle of Una No. 1 (Ext. P-4), black rectangular pipe (Ext. P-5), were found lying near the place where dead body was found. The same were taken in possession vide memo Ex. PW-4/A in presence of witnesses. The same was seized by following the procedure and thereafter seal was handed over to PW-4 Bansi Dhar. Blood stained Daleth (wood used as fuel wood) Ext. P-2 was lying on the road side, which was also taken into possession. Dead body was subjected to postmortem. Sample of blood stained soil and small stones (Ext. P-7 & Ext. P-9), piece of wood (Ext. P-8) and piece of cotton were also taken into possession. 8. According to PW-1 Bebi, she was house maker and since last 12 years, was living in her parental house in Village Drabla, Gram Panchyat Uteep alongwith her husband (deceased) and her children, because her parents had transferred land in their name and her husband had kept mules for transporting luggage and material etc. Further that her husband had gone to his parental village Saroo since last about two months. According to her deceased used to visit his parental house Saroo also on different occasions, and on 28.11.2011 she had gone to her in-laws house at Village Saroo and on 29.11.2011 she came back to her parental house. On that date at about 4:30 P.M. her husband had inquired about her arrival, whereupon she had informed that she was going on the path on foot and was likely to each at home after some time. At 8:45 P.M. her husband had informed her on telephone that he was going to purchase black grams for mules and would call her back after reaching at home from the market. At about 10:30 P.M. her husband had made a telephone call informing that Yadu (respondent) had hit twice on his head and first hit was controlled by him, however second assault had caused injury to head which was bleeding. Thereafter PW-1 Bebi had also talked with her sister-in-law (Jathani). 9. At about 10:30 P.M. her husband had made a telephone call informing that Yadu (respondent) had hit twice on his head and first hit was controlled by him, however second assault had caused injury to head which was bleeding. Thereafter PW-1 Bebi had also talked with her sister-in-law (Jathani). 9. According to PW-1 Bebi, her sister-in-law Shrestha, through mobile phone of her husband, had also informed that Yadu had hit deceased Des Raj and she had applied turmeric. During this talk her husband had informed that he was going to call Ambulance and then her husband had disconnected the phone and thereafter no talks took place between husband and wife. 10. It is further statement of PW-1 Bebi that on 30.11.2011 she came to know about death of her husband and keeping of the dead body in Hospital at Chamba, whereupon she came to the Regional Hospital Chamba where her statement under Section 154 Cr.P.C. was recorded, wherein PW-1 Bebi requested to take action in accordance with law against assaulter. 11. On the basis of aforesaid statement, FIR Ex. PW-17/A under Section 302 IPC was registered. During investigation, as per Investigating Agency, there was sufficient evidence for proceedings against respondent for commission of offence and accordingly relevant articles were taken into possession from the spot. After arresting respondent, he was sent to judicial custody. 12. Viscera and blood samples of deceased and other material collected from the spot was sent for analysis to Forensic Science Laboratory Dharmshala through PW-20 Constable Krishan Kumar. After receipt of report from Regional Forensic Laboratory Dharamshala challan was prepared and presented in the Court. Magistrate committed the matter to Sessions Judge after completion. 13. Respondent was subjected to trial and to prove prosecution story, 20 witnesses were examined. Thereafter statement of respondent Yogesh Kumar was recorded under Section 313 Cr.P.C. No evidence was led on behalf of respondent Yogesh Kumar. 14. PW-1 Bebi wife of deceased, PW-2 Shreshta Devi (Bhabi of deceased) wife of Durga Dass, PW-3 Dayawanti wife of Janak Raj neighbour of family of Desh Raj at Saroo, PW-8 Durga Dass (elder brother of deceased), PW-5 Bhani Devi (sister of PW-1 Bebi) and PW-9 Parkash Chand (Business partner of deceased) have been examined by prosecution to prove the claim that deceased was murdered by respondent Yogesh Kumar alias Yadu. 15. 15. PW-1 Bebi is not an eye witness, but she is giving her version as a first person on the basis of her talks with her husband during previous night of murder of deceased. According to her, deceased had already received two injuries in his head before 10:30 P.M. and he was given first aid by her sister-in-law (Jethani) by applying turmeric paste. 16. PW-2 Shreshta Devi has also stated that deceased Des Raj had come back to home at 10:00 P.M. and he disclosed that Yadu had hit him on his head and he talked with Janak Raj and his wife and thereafter made a call to Ambulance and left for the road. 17. PW-3 Dayawanti W/o Janak Raj has deposed that on 29.11.2011 at about 10:00 P.M. deceased Des Raj had come to their house and had disclosed that shopkeeper Yadu had hit him and resultantly he had sustained injuries on his head. He had asked Dayawanti and Janak Raj to take him to the hospital, but there was no vehicle available and thus deceased was advised to go to home and to apply turmeric on his wound. Thereafter deceased left, but at about 2:00 A.M. her father-in-law had received a call from Om Prakash younger brother of deceased that deceased had been killed. 18. According to PW-8 Durga Dass, on 29.11.2011 at about 6:30 P.M. he reached the shop of respondent Yadu and he (PW-8) and Ashok had been working in the shop of respondent Yadu on the said date and doing plastering. At the same time his younger brother Des Raj (deceased) reached the shop and inquired PW-8 Durga Dass as to whether he wanted to go home, whereupon PW-8 Durga Dass had replied that he will go home after completing his work. PW-8 Durga Dass kept on working till 8:30 P.M. Thereafter, PW-8 Durga Dass, Ashok Kumar and deceased Des Raj sat together to have liquor. Half bottle had been purchased by Des Raj and another half bottle was given to them by Pappu (father of accused). Thereafter they demanded another half from accused Yadu and respondent Yadu and deceased Des Raj entered into verbal quarrel with each other. Deceased was taken from the shop, but deceased again went back to the shop of respondent to take half bottle of liquor. Thereafter they demanded another half from accused Yadu and respondent Yadu and deceased Des Raj entered into verbal quarrel with each other. Deceased was taken from the shop, but deceased again went back to the shop of respondent to take half bottle of liquor. PW-8 Durga Dass after waiting for deceased for some time, started to return to see the deceased, however, deceased met him on the way, coming towards him who disclosed that he wanted to call the Police because accused had hit him on his head. PW-8 Durga Dass had asked the deceased not to call the police, but to accompany him to his house with further suggestion that they shall inform the Pradhan in the morning and they started towards home. Deceased went fast ahead of PW-8 Durga Dass, however, PW-8 Durga Dass, who was following him, on reaching home, did not find deceased there. Wife of Durga Dass asked him about Des Raj and they thought that deceased might to have gone to the house of Janak Raj, when they were taking meals, deceased reached home and disclosed them that respondent Yadu had hit him on his head. Wife of PW-8 Durga Dass treated him by applying turmeric power paste on the wound and Durga Dass went to sleep. After about ten minutes Des Raj woke up Durga Dass by saying that he had to make a call to Ambulance, but Durga Dass asked him to go to sleep. Thereafter deceased left the house all alone. At about 2:00 A.M. Police came and it had come in his knowledge that dead body of deceased was lying on the main road. 19. In cross-examination PW-8 Durga Dass has stated that there were arguments between deceased and Yadu regarding demand of half bottle of Una No. 1 and Yadu had refused to give liquor by saying that he did not have bottle. 20. PW-5 Bhani Devi is sister of PW-1 Bebi. According to her, she received telephonic call on 30.11.2011 at around 5:00 A.M. that Des Raj had been murdered and she also heard sound of crying on the other side at that time, whereupon she reached to the Hospital, where her sister PW-1 Bebi had disclosed to her that respondent Yadu had killed her husband. 21. According to her, she received telephonic call on 30.11.2011 at around 5:00 A.M. that Des Raj had been murdered and she also heard sound of crying on the other side at that time, whereupon she reached to the Hospital, where her sister PW-1 Bebi had disclosed to her that respondent Yadu had killed her husband. 21. PW-7 Pawan Kumar has also been examined as witness of quarrel alleged to be taken place between respondent Yadu and deceased Des Raj. He has stated that on 29.11.2011 at about 6:00 P.M. he had gone to the shop of respondent Yadu and was watching a match on TV. PW-8 Durga Dass and Mistri Ashok Kumar were working in the shop of accused. At that time deceased Des Raj and his younger brother Om Prakash reached the spot. A few other customer had also come to the shop of accused Yadu and they demanded chicken. On request of respondent Yadu, deceased Des Raj gave chicken to the customers, after dressing and cutting it. Thereafter Durga Dass and Mistri Ashok Kumar had also come to the shop after finishing their work. At that time accused Yadu had gone to drop someone. Durga Dass and Ashok Kumar had purchased a half bottle of Una No. 1 from the father of accused who was looking after the shop in absence of Yadu. Durga Dass, Ashok Kumar and deceased Des Raj went inside the shop to consume liquor. Thereafter all of them came out and demanded another half bottle of Una No. 1. By that time respondent Yadu had also reached and his father had left the shop. Deceased Des Raj demanded more liquor from Yadu, who refused to give more liquor by saying that he had already consumed much liquor with advice to the deceased deceased to go home. Thereafter deceased started hurling abuses to respondent Yadu and they kept on arguing for about 8-10 minutes and thereafter Durga Dass had taken deceased Des Raj towards home. From some distance deceased Des Raj came back to the shop and demanded liquor. Deceased again started hurling abuses at the respondent. Brother of deceased Durga Dass again took him towards home. Thereafter this witness and Mistri Ashok Kumar left towards their houses. Next day Keso disclosed that body of deceased was found lying on the road. 22. From some distance deceased Des Raj came back to the shop and demanded liquor. Deceased again started hurling abuses at the respondent. Brother of deceased Durga Dass again took him towards home. Thereafter this witness and Mistri Ashok Kumar left towards their houses. Next day Keso disclosed that body of deceased was found lying on the road. 22. In cross-examination PW-7 Pawan Kumar has stated that village Chhabuin (village of deceased) was at a distance of 2 Kilometers from road. He has also admitted that deceased had consumed sufficient liquor and was not able to maintain his gait. 23. There is another part of story of prosecution, which has come on record in statement of PW-9 Prakash Chand who was also working with deceased Des Raj in business of transport with mules kept by him. PW-9 Parkash Chand has stated that on 29.11.2011 at about 10:45 P.M. Des Raj called him and asked him to accompany him to Chamba, as accused Yadu had hit him. This witness accompanied deceased Des Raj and while going towards road side, deceased Des Raj had received a phone call. After reaching the road head they started walking towards Chamba side. On reaching near a light, they stopped to wait for a vehicle. When they were walking on the road, respondent Yadu had hit deceased Des Raj twice from behind with Daleth (a log of wood generally used as fuel wood) on his head and Des Raj fell down on the road. PW-9 Parkash Chand asked Yadu about the reason for hitting deceased, but Yadu did not reply. He simply hurled abuses to deceased Des Raj. At that time light of some vehicle flashed upon respondent Yadu and he threw Daleth on the road side. According to PW-9 Parkash Chand due to fear, he ran away from the spot and next day came to know that Des Raj had died. 24. In cross-examination PW-9 Prakash Chand has stated that he was walking about 6 feet ahead of Des Raj. According to this witness accused had reached on the spot at around 11:00 P.M. This witness did not disclose the incident either to his wife or his neighbour after returning from the spot. 25. PW-10 Dalip Singh is Patwari, who had identified the spot, where deceased was found dead. He has issued tatima Ex. PW-10/A and jamabandi Ex. According to this witness accused had reached on the spot at around 11:00 P.M. This witness did not disclose the incident either to his wife or his neighbour after returning from the spot. 25. PW-10 Dalip Singh is Patwari, who had identified the spot, where deceased was found dead. He has issued tatima Ex. PW-10/A and jamabandi Ex. PW-10/B. He has admitted that aforesaid documents were prepared by him on the basis of spot shown to him by Police. 26. PW-11 is H.C. Ramesh Chand, has deposed that during the course of investigation on 13.12.2011 he had taken the Patwari to the spot for preparing documents Ex. .PW-10/A and jamabandi Ex. PW-10/B. He had also recorded statement of Patwari and handed over the case file to I.O. Deputy Superintendent of Police Head Quarter, Chamba. 27. PW-12 Constable Raj Kumar, who was posted as videographer and photographer in Police Station, Chamba since 2008, has stated that on 30.11.2011 he clicked photographs (Ext. PW12/A-1 to Ext. PW12/A-8) of the spot at Village Saroo. He also video graphed the proceedings at the time of recording statement of wife of deceased Bebi, which were taken in possession vide memo Ex. PW-1/B. He also video graphed the proceedings at the time of recording statement of Prakash vide Ex. PW-12/B as well as spot Ex. PW-12/C. These photographs and videography were preserved in two CDs. 28. PW-13 Pawan Kumar was MHC in Police Station Chamba since 2009 to January, 2012. He has deposed about deposit of case property by ASI Kuldeep Chand in Malkhana including Daleth along with the sample seal as well as a black rectangular pipe, soil, small stone and pieces of cotton, broken piece of glass of Beer bottle, one empty bottle and one full bottle of country liquor, Una No. 1, cloths of accused which were entered into Malkhana register, extract whereof has been proved on record as Ex. PW-13/A. On 14.12.2011 he sent some of articles to Regional Forensic Laboratory, Dharamsha, vide Road Certificate No. 192/11 through constable Krishan Kumar, who on return deposited the receipt thereof Ex. PW-13/B. 29. PW-14 Dr. Harash Mahajan, conducted the postmortem of deceased and as per his opinion, as recorded in postmortem report deceased died due to head injury leading to massive intracranial hemorrhage shock and death. In cross-examination this witness has admitted that injuries recorded in Postmortem report were possible from fall also. 30. PW-13/B. 29. PW-14 Dr. Harash Mahajan, conducted the postmortem of deceased and as per his opinion, as recorded in postmortem report deceased died due to head injury leading to massive intracranial hemorrhage shock and death. In cross-examination this witness has admitted that injuries recorded in Postmortem report were possible from fall also. 30. PW-15 Kulbhushan Verma, is Deputy Superintendent of Police Head Quarter as well as Investigating Officer. In his examination-inchief he has re-iterated investigation carried out by him as also stated in report under Section 173 Cr.P.C. In cross-examination he has stated that he cannot say whether deceased had drunk on 29.11.2011. In cross-examination he has admitted that he did not verify the time of first call made to 108 Ambulance and he also did not obtain call details made to 108 Ambulance. 31. PW-16 Vijay Kumar has proved that he had received call at Police Station from 108 at about 11:20 P.M., with information that a dead body was lying near Saroo, to take action accordingly. 32. PW-17 ASI Vinod Singh was officiating SHO at Police Station Sadar Chamba on 30.11.2011. He had received rukka Ex. PW-1/A at 9:40 AM from, ASI Kuldeep Chand, on the basis of which PW-17 had recorded FIR Ex. PW-17/A and endorsement made on rukka in this regard is Ex. PW-17/B. 33. PW-18 SI Jagroop Singh is another Investigating Officer, who remained posted in Police Station Sadar Chamba from 4th January, 2012 till 21st May, 2012. On 24.1.2012 ASI Kuldeep Chand has handed over the case file to this witness. During course of investigation, on 2.4.2012, he had recorded the statement of MHC Pawan Kumar and constable Krishan Kumar. On receipt of result from Regional Forensic Science Laboratory, Dharamshala Ex. PW-14/C, after taking opinion of the Medical Officer, this witness prepared the challan on 19.2.2012 and forwarded the same to the Court. 34. PW-19 ASI Kuldeep Chand is also Investigating Officer, who in his examination-in-chief has re-iterated the process of investigation undertaken by him with further addition that he had left ASI Jai Chand and HHG Des Raj on the spot during night to protect the site and thereafter he again visited the spot on 30.11.2011 and conducted investigation. 34. PW-19 ASI Kuldeep Chand is also Investigating Officer, who in his examination-in-chief has re-iterated the process of investigation undertaken by him with further addition that he had left ASI Jai Chand and HHG Des Raj on the spot during night to protect the site and thereafter he again visited the spot on 30.11.2011 and conducted investigation. He has stated that though during investigating it had come on record that deceased and accused had a fight at the shop of accused on 29.11.2011, but none of the witnesses, whose statements were recorded by him, disclosed to him about the fight in the shop of Yadu. He did not try to verify that who had made call to 108. On 30.11.2011, he had recorded statements of witnesses Bansidhar, Keso Ram, Janak Raj, Shreshta and Dayawanti, who were called by him verbally. 35. PW-20 Constable Krishan Kumar had taken seven parcels vide RC No. 192/11 and handed over the same at RFSL, Dharamshala and deposited the receipt thereof on return on 15.12.2011. 36. In chemical analysis report Ex. PW-14/C, received from Regional Forensic Laboratory, Dharamshala, no poison or alcohol could be detected in part of stomach, small or large intestine, liver, spleen, kidney and blood of deceased. 37. From the statement of PW-8 Durga Dass, brother of deceased, PW-7 Pawan Kumar, deceased consumed liquor in the shop of Yadu and deceased was demanded more liquor, but as per report of FSL, no alcohol was found in the blood, stomach, liver, kidney and intestine of deceased. Statement of these witnesses who were present on the spot are irreconcilable with report of Forensic Science Laboratory. In postmortem report two injuries were found in the head of deceased, however, there are two sets of witnesses. According to PW-1 Babi, PW-2 Shrestha PW-3 Dayawanti and PW-8 Durga Dass, Yadu had caused two injuries on the head of deceased at the time of alleged first quarrel, i.e. before 8:40 P.M. However, none of them have seen the same. PW-8 Durga Dass was accompanying Yadu since from starting of alleged quarrel, but he has not stated that Yadu had hit twice on the head of deceased, rather he has stated that deceased has informed him that Yadu had hit him and, therefore, deceased intended to call the police. PW-8 Durga Dass was accompanying Yadu since from starting of alleged quarrel, but he has not stated that Yadu had hit twice on the head of deceased, rather he has stated that deceased has informed him that Yadu had hit him and, therefore, deceased intended to call the police. PW-7 Pawan Kumar has also not stated about hitting of deceased by respondent Yadu, rather he has stated that there were arguments between them for 8 to 10 minutes and, therefore, Durga Dass brother of deceased took deceased Des Raj towards home, but deceased again returned back to shop, however again Durga Dass took him to home and PW-7 Pawan Kumar and Ashok Kumar also went to their homes. According to these witnesses, Durga Dass was present in the shop when deceased Des Raj had returned to the home, but according to Durga Dass deceased met him on the way. According to PW8 Durga Dass deceased went back to take half bottle of liquor, but when he did not return, than he started towards shop of Yadu, but deceased met him on the way and disclosed him about hitting by Yadu, but statement of PW-7 Pawan Kumar is completely in contrast and both statements are not irreconcilable. 38. PW-9 Parkash Chand has introduced a new story that Yadu had hit the deceased at about 11:00 P.M. on the head, when they were waiting for the vehicle. Postmortem report disclosed two injuries only. There are three witnesses PW-7 Pawan Kumar, PW-8 Durga Dass and PW-9 Parkash Chand, whose versions are irreconcilable with each other. It appears that true facts are being withheld by the prosecution witnesses, which creates doubt about veracity of prosecution story. PW-1 Babi, PW-2 Shreshta Devi, PW-3 Dayawanti and PW-5 Bhani Devi are witnesses, who are deposing on the basis of information supplied to them by others including deceased Des Raj. Therefore, their evidence cannot be treated as conclusive primary evidence to establish the prosecution story, as alleged. Though, statements of these witnesses can be used for corroboration, but statements of other witnesses, who were on the spot at the time of alleged first instance as well as with deceased at 11:00 P.M., are in conflict with each other and contradictory to their self statements as well as statements of other witnesses. 39. PW-9 Prakash Chand used to work with deceased Des Raj. 39. PW-9 Prakash Chand used to work with deceased Des Raj. His conduct as portrayed by him is dubious and doubtful as according to him in his presence respondent Yadu caused injuries to deceased Des Raj by hitting him on his head, however, instead of giving first aid or medical help or informing the family of the deceased or any other persons including Police, he fled from the spot and kept mum till 1.12.2011. His conduct remains unexplained, which creates doubt about his version that respondent Yadu had hit deceased Des Raj in his presence. 40. It is also apt to notice that one side Investigating Officer is deposing that it had come in evidence that a quarrel had taken place in the shop of respondent Yadu between deceased and Yadu and on the other hand he is deposing that none of the witness had stated so. His statement is self contradictory, perhaps to reconcile the medical evidence with the story of alleged two assaults, he was trying to conceal real facts or circumstances which came in his notice during investigation. 41. According to deposition of PW-6 Pawan Kumar in Court, the person lying on the road was unconscious, when he informed the Police. Whereas according to GD Entry No. 56(A) Ex. PW-16/A, Police had received information from Headquarter of 108 on conferencing with PW-6 Pawan Kumar that a person was lying dead on the spot. The Investigating Officer as well as PW-16 are silent about presence of PW-6 Pawan Kumar at the time of arrival of the Police on the spot. According to PW-6 Pawan Kumar, they provided first aid to the person lying unconscious on the road, whereas according to Police dead body was found by him on the road side. In case a person was found by Ambulance staff unconscious and they administered first aid to him, then the said persons must have taken by them to the Hospital, but it is not the case of the prosecution. Contrary to that, according to Police party and Investigating Officer, the deceased was lying on the spot and there is no reference of presence of Ambulance staff or Ambulance on the spot at that time. 42. Contrary to that, according to Police party and Investigating Officer, the deceased was lying on the spot and there is no reference of presence of Ambulance staff or Ambulance on the spot at that time. 42. Though it is the case of the prosecution that deceased after receiving injuries had called the Ambulance by making call at 108 and further that the Ambulance staff had also contacted the caller on his phone, but prosecution has failed to prove the call details or any other evidence to prove and establish this fact on record. There is no convincing evidence on record to substantiate this plea of the prosecution. Otherwise also in case, as come on record in the statement of PW-7 Pawan Kumar, deceased was hit by Yadu at 11:00 P.M. in night then there was no attack by Yadu at the shop, and there was no occasion for deceased to call the Ambulance and to express his intention to his brother PW-8 Durga Dass to call the Police. But if deceased was attacked at the shop then in such eventuality there is no possibility of hitting deceased by respondent Yadu in presence of PW-9 Parkash Chand. Either one or both stories came on record are false as both versions are irreconcilable with each other. 43. It is settled law that in case two views are possible, then the view creating doubt about the prosecution case has to be taken into account for extending the benefit of doubt to the accused. 44. Respondent has been acquitted by the Trial Court, fortifying presumption of innocence in his favour. From the evidence on record, State has failed to make out a case to establish the guilt of the accused beyond reasonable doubt by leading cogent, reliable and convincing evidence. 45. In present case for the material on record, the alleged story of prosecution is doubtful and, therefore, we are of the considered opinion that no interference is warranted in the impugned judgment and accordingly, appeal is dismissed.