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I had seen the accused beating Subedar Amrik Singh outside the tent from a distance of 10 yds or so. I did not hear Subedar Amrik Singh raising any hue and cry, at the time when he was being beaten, by the accused outside the tent.
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Subedar Amrik Singh was under such a pressure by the accused that he was not in a position to make any hue and cry. Excepting one bruise on the forehead, over the left eye, I cannot say as to whether Subedar Amrik Singh sustained any other injuries, due to the beating, given by the accused. I did not see the accused giving blows to the Subedar. I only saw him pulling him down with force. I had seen the accused mounting on Subedar Singh inside the tent for about ten minutes.
It is correct that I did not carry out any chemical test, in respect of the said accused. It is not correct to say that only based on chemical test one can give opinion that a person is intoxicated or otherwise. Even by clinical test, one can give opinion.
The witness after having refreshed his memory from the records says that on the night of 6/7 December, 1981, the accused had multiple bruises over his face and one bruise over his left thigh. Since these were very superficial injuries (bruises), I did not think it appropriate to record the description of the same.
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There might have been about 5/6 bruises on the face of the accused. Such bruises could have been given by blows (fists). The multiple bruises on the face of the accused would be due to fall on any hard object. Such bruises would also be due to friction against some hard object. The fall, could also cause bruises.
RE-EXAMINATION BY THE PROSECUTOR The bruises, which I have described above, can also be due to a fall or friction on any hard object like tree, bamboo or stone."
W.P.(C) No.3838/1999 Page 27 of 34

The conduct of HC Rahmat Subba of remaining silent at the time of the incident and not making a cry for help is most unnatural and raises a big question mark on the veracity of said witness. Lastly, various contradictions were pointed out in the deposition of HC Rahmat Subba PW-1, in order to demonstrate that HC Rahmat Subba PW-1, is not a reliable witness.

(ii) The testimony of Doctor Md.Azimuddin PW-9, that there were multiple bruises on the face of the petitioner and one bruise on his left thigh when he was medically examined by him in the night of December 06, 1981 probablizes the defence taken by the petitioner that it was petitioner who was beaten by Subedar Amrik Singh, SI Ajit Kumar and SI Harbans Singh on December 06, 1981. This most crucial aspect of the matter has been completely lost sight by the GFSC and the confirming authority.