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17. In his cross-examination, PW12 has stated that Suresh Bahadur was the watchman at that time. He admitted that the factory used to be operational 24 hours. He stated that two of the four accused persons were armed with knives and swords. He could not say as to who was having the knife, and who was having the sword. He was near the machine when Nagender was assaulted by the accused persons. There was only one cart on which the aluminium slabs were kept. He denied that the accused persons were earlier working in the same factory. He further stated that he had seen the accused persons in Tihar jail after the incident. He denied that the police had shown him the accused persons in the police station before he went to Tihar jail. He denied that on that night they had deliberately left the factory gate open or that they themselves got the factory robbed, or that when Nagender opposed, they had attacked him with knife. Though, PW12 stated that the police officials read over the facts of the case and told him to depose as per his wishes, but he clarified that he had given his statement as per the incident and the police officials merely refreshed his memory.

18. Learned counsel for the appellants argued that the testimony of PW12 is not reliable for the reasons that whatever he deposed before the trial court was stated to him by the police officials, and he even identified the accused persons at the pointing out of the police officials. Therefore, the testimony of PW12 is not reliable with regard to taking place of occurrence and the identity of the appellants.

19. We do not find any force in this contention of the appellants. Though, it is apparent that PW12 stated that he was told the facts of the case and accused persons were shown to him outside the court before his testimony was recorded by the trial court, but he clarified that he deposed exactly as the incident had happened, and the police officials merely refreshed his memory. Thus, he ruled out the possibility of being tutored by the police officials. So far as the identity of the appellants is concerned, PW12 has duly identified the appellants as the robbers and the assailants of the deceased. PW12 did not know the accused from before. They are strangers to him. He has no reason to falsely implicate the accused, and let the real culprits get away.