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It is urged that Loki and Ganga Ram whose names were mentioned in the F.I.R. were not examined and therefore an adverse inference should be drawn against the prosecution; that the relevant columns in the Inquest Report were deliberately left blank so as, to facilitate a manipulation of evidence, that the F.I.R. was ante-dated; that the site plan was deliberately drawn in a vague and general manner; that there was no immediate motive for the offence and that the High Court had failed to consider the evidence of the defence witnesses at all which it was its duty to consider in a reference under section 374, Criminal Procedure Code. The more important of these points stand answered by what we have already said while discussing the appeals of the other accused. But, it is necessary to add that in the first place, the other accused had the benefit of an order of acquittal passed in their favour by the, trial court and secondly we have only endeavoured to indicate that since the view taken by the trial court was a reasonable view to take, the High Court ought not to have interfered with the judgment of acquittal.

Balak Ram examined two witnesses, Shiv Govind Singh (D.W.7) and Udainarain Singh (D.W. 8) to establish his plea of alibi but that evidence Was rightly rejected by the trial court. It is in the least degree likely that Balak Ram who was contesting the election for Chairmanship of the Committee would be away from the hubbub of politics on the eve of elections. All the same, the High Court ought to have considered that evidence for what it was worth. In a re- forence for confirmation of the death sentence under sec. 374, Criminal Procedure Code, the High Court must examine the entire evidence for itself, independently of the Session, Court. (See Bhupendra Singh v. The State of Punjab,(1), and Jamman and Ors. v. The (1) [1968] 3 S.C.R. 404.