SCC Online Web Edition, © 2022 EBC Publishing Pvt. Ltd. Page 21 Monday, October 24, 2022 Printed For: Navami Krishnamurthy, Jindal Global University SCC Online Web Edition: http://www.scconline.com © 2022 EBC Publishing Pvt.Ltd., Lucknow. ----------------------------------------------------------------------------------------------------------------------------------------------------------- deposed by him, the accused appellant all throughout was at the police station. If on 22.01.2010 the accused is sent for medical examination along with a police yadi accompanied by a police constable to the hospital then how does it lie in the mouth of the prosecution to say that after the medical examination the accused appellant was allowed to go home and move around freely. The witnesses have said in their oral evidence that the accused appellant was picked up by the police on 22.01.2010 in the early morning itself. This entire case put up by the prosecution that an extra judicial confession was made by the accused appellant before the PW-3, Babu Ram Hans on 23.01.2010 appears to be fabricated and engineered only to bolster up the case of the prosecution. 78. It is also the case of the prosecution that similar such extra judicial confession was made by the accused appellant before the PW-4, Ram Kumar, S/o Paanchoo on the very same day of the incident itself i.e. 22.01.2010 at 06 : 30 in the morning. If we peruse the oral evidence of the PW-4, Ram Kumar then according to him at the relevant point of time he was a member of the District Panchayat. According to PW-4, Ram Kumar, the accused appellant had visited his house at 06 : 30 in the morning and made an extra judicial confession that he had committed a serious crime. How does the prosecution expect us to believe even the second extra judicial confession alleged to have been made before the PW-4, Ram Kumar? How does the prosecution expect us to believe that the accused appellant was present at three different places on or about the same time. Either we believe PW-1, Shambhu Raidas (first informant) that the accused appellant visited his house at 06 : 30 in morning or we believe the PW-2, Chhatrapal Raidas, who has deposed that the accused appellant had visited his house at 07 : 00 o'clock in the morning or we believe the PW-4, Ram Kumar that the accused appellant had visited his house at 06 : 30 in the morning. How is it possible for the accused appellant to be present at three different places in or around between 06 : 30 A.M. to 07 : 30 A.M. One another aspect that makes the oral evidence of the PW-4, Ram Kumar very doubtful is that his house is situated at a distance of 6-7 kilometers from Dhaurhara and according to the PW-4, the accused appellant visited his house all the way walking from his own house. The PW-4, Ram Kumar also appears to be a ‘got up’ witness only for the purpose of creating evidence in the form of extra judicial confession. At this stage, we may once again go back to the oral evidence of the PW-1, Shambhu Raidas (Exh.1). In his evidence, he has said, “the inspector had not interrogated me at the police station. The inspector had visited the place of the incident in his vehicle. I left the police station at the 02 : 00 o'clock in the night. I had stayed at the police station right from the time I lodged the FIR in the morning till 02 : 00 o'clock in the night and Ramanand also stayed with me at the police station. The police official had challaned Ramanand on the third day. Till then Ramanand was continuously staying at the police station. [Emphasis supplied] 79. The PW-2, Chhatrapal Raidas in his evidence has deposed, “I came to know about the incident at 07 : 00 o'clock in the morning. I came to know through Ramanand. Ramanand had come to my house at 07 : 00 o'clock. Ramanand was alone then. Ramanand told me that his wife and children were burning in the house; someone had killed and set them on fire. Saying this Ramanand left for his home. Thereafter, Pratap and Shambhu reached the place of Ramanand on a bicycle and I reached walking. When I reached the house of Ramanand, Pratap and Shambhu were dousing the fire at the house with water. Ramanand was warming his body sitting over here and villagers were standing outside. The clothes of Ramanand were soaked with blood. The Inspector reached sometime thereafter. Thereafter, I, Shambhu and Pratap went with the inspector to the police station in a jeep. It took half an hour for the inspector to arrive at the spot. It was about 8-9 o'clock in the morning the police officials took Ramanand to the police station before us.”