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5. On the next day i.e. 4th of August, 1974, the injured Hari Charan Bhatt dictated the written report, Ex. Ka-1, to Tara Dutt Bhatt who filed it at the Police Station Almora, where the chik report, Ex. Ka-6, was prepared by the Head Constable Kripa Ram.

6. Dr. A.C. Joshi, P.W. 7, examined Hari Charan Bhatt on 3-8-1974 in the District Hospital, Almora and prepared the injury report. Ex.Ka-9. His injury was also X-rayed and X-ray plate is Ex. 16. The injured was discharged from the Hospital on 9-8-1974. The Bed Head Ticket, Ex.Ka-12, was also proved by him. He conducted an operation on the injury on 5-8-1974 and taken out the metallic shot. Ex.Ka-4, which was sent to the office of Supdt. of Police.

16. It may also be pointed out here that FIR is silent on the point as to on which leg the injured was hit. It is not mentioned therein whether the shot hit him on the calf of his right or left leg. This omission by itself may not be very significant. It, however, becomes significant because of the subsequent cuttings and over-writings in the injury report and the Bed Head Ticket.

17. The injured was examined by Dr. A.C. Joshi (P.W. 7) at G. P. Hospital Almora at 9-35 p.m. on 3-8-1974. Initially in the injury report the injury was mentioned over medial aspect of left calf. The word 'left' was cut and was substituted again by 'left' in another ink. Thereafter the word 'left' was again scored out and substituted by the word 'right' in another ink. The Doctor has not explained as to why the word 'left' was scored out twice in the injury report and was substituted by the word 'right'. The Bed Head Ticket of the patient is Ex. Ka-12. In this also the same has been repeated. It was on local examination that gun shot wound was found over left calf as was initially written in the Bed Head Ticket. Subsequently the word 'left' was cut out and was substituted by the word 'right' in another hand-writing and ink. Dr. A.C. Joshi (P.W. 7), has stated this bed Head Ticket is in the hand-writing of a junior Doctor who had initially written 'left' on it. Subsequently the word 'left' was scored out by him and was substituted by the word 'right' also by him. The junior Doctor has been examined. The circumstances under which the word 'left' was initially written, have not come on record what necessitated this cutting of the word 'left' and its substitution by the word 'right' is not clear. The Medico Legal Register in which the injury was initially entered has not been tendered in evidence by the prosecution. It is also noteworthy that in the report of the Ballistic Expert (Ex.Ka-8) also there is discrepency in paras 4 and 5 of the report. In para 4 it is mentioned that when the sealed bundle containing trousers of the injured was opened, blood stains and hole were found in the left leg. In para 5, however, the opinion recorded by the expert is that the hole found on the right leg of the trousers could be caused by the pellet that was extracted from the calf of the injured. Thus, there is discrepency in this report also regarding the hole and it is not clear as to whether the hole was on the right leg or on the left leg of the trousers of the injured. Thus I find that in the FIR it is not mentioned as to on which leg the injured had received the injury. There are cuttings in the injury report and Bed Head Ticket wherein initially 'left' was written but was subsequently scored out and substituted by the word 'right'. The junior Doctor who made the Bed Head Ticket entries has not been examined. From the report of the Ballistic Expert also it becomes suspicious as to whether the hole was on the right or left leg of the trousers of the injured.

18. It is also noteworthy that in the Bed Head Ticket no identification marks of the injured have been noted. It also does not bear his thumb impression or signature. Thus it cannot be said with certainty as to whether this Bed Head Ticket relates to the injured Hari Charan Bhatt (P.W. 1). On an analysis of the evidence, therefore, the injury report and the Bed Head Ticket become suspicious documents and on them no reliance can be placed. It is not proved that the Bed Head Ticket relates to Hari Charan Bhatt (P.W. 1). It is also not satisfactorily proved as to on which leg of the injured the injury was caused. Such a suspicious evidence of the Doctor cannot, therefore, help the prosecution.

25. It is also noteworthy that if the prosecution version is correct, the quarrel was going on between the appellant and Pani Ram. There was no occasion for the injured Hari Chand Bhatt to intervene and to pass any remarks against the appellant. This also makes the prosecution story highly unbelievable.

26. Thus a close scrutiny and analysis of the entire prosecution evidence show that some facts which were wanting in the FIR were introduced in the evidence in order to make the presence of Tara Dutt Bhatt (P.W.2) and Pani Ram (P.W.3) more probable. The occurrence took place in the evening on road when admittedly a large number of persons were present but none of them was examined. A great suspicion arises from the cuttings and over-writings in the injury report and Bed Head Ticket and also from the discrepency in paras 4 and 5 of the Expert's report, Ex.Ka-2. Opinion of Ballistic Expert cannot be said to be an expert opinion and has to be discarded outright. Enmity between the injured and the appellant is admitted. In these circumstances, the possibility of false implication of the accused cannot be ruled out.