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(xi) P.W.13 is the Assistant of P.W.11. Even in his Chief-Examination, he stated that he has informed P.W.11 after getting the information about the presence of the body. He further stated that when he reached the place along with P.W.11, Village Administrative Officer, the police was there. In his cross-examination he says that he got information about 9.00 a.m. and he was present in the scene of occurrence from 10.00 a.m. to 7.30 p.m.

(xii) P.W.23 is the doctor, who conducted the postmortem. He states that the body was in a highly decomposing stage. It was completely covered by flies and part of the nose was found eaten up. The skin in the entire body got peeled of. In his cross examination, he says that though it would occur through scrapping by maggots, it is not correct to state that death had taken 6 days earlier, despite the fact that body was fully decomposed. Thus, he gave opinion that the deceased would have died 36 to 48 hours prior to postmortem, which was done about 4.15 p.m. on 12.09.2012.

(xiii) P.W.27 is the investigation officer, who registered the complaint of P.W.1. He states that after registering the F.I.R. he enquired A1 at 9.00 a.m. Thereafter, obtained the confession statement in the presence of P.W.11 and his Assistant P.W.13 at 9.30 a.m. He altered the F.I.R. at 10.30 a.m. and sent the Alteration Report Ex.P.19 to the Judicial Magistrate through P.W.26. Thereafter, the Alteration Report Ex.A19 was sent to Tahsildar. After doing the above said exercise, at about 11.00 a.m. went to the scene of occurrence, where the body was found and prepared the observation mahazaar under Ex.P.7. He also states that he went along with P.W.1 to Inspect the scene of occurrence which is contrary to the statement made by him. In the course of cross-examination, he further states that he found maggots in the body of the deceased. He accepted the fact that Ex.P.20 F.I.R. and Ex.P.19 Alteration Report were sent to the Court together at about 8.45 p.m.

From the above, it is very clear that the body was in a highly decomposed stage. The deceased was missing from 8.30 p.m. in the month of September, 2012. This was a night time with the winter setting in. The body was also found facing the earth. As per the case of the prosecution and postmortem it was found buried. The postmortem was done at 4.15 p.m. on 12.09.2012. The entire body was covered with flies. There was disfigurement of the nose due to the erosion caused by the maggots. Almost the entire skin of the body was peeled of. That is the reason why the postmortem was done on the spot itself. There were two intervening nights. The period of death and recovery of the body would be less than 2 days. It was stated to have buried under the river. There was no external injuries involved. When a body is buried, there cannot be any fly covering it. These factors would clearly indicate that it may create serious doubts and suspicion with reference to the date of death.

19. Law is settled, as between the ocular and medical evidence the former would have the primacy. But when it comes to the time, there has to be some synchronizing factors. Now in the case on hand, there is a serious doubt over the timing as could be seen from evidence by the prosecution witnesses with the medical report available. From the postmortem certificate it appears the death would not have occurred at 9.00 p.m. as projected by the prosecution. P.W.23 in his evidence has stated that there was no external injuries. He has deposed that the body was in a highly decomposed stage with the entire skin removed from it. He has further stated that the nose was partly eaten up. In his cross-examination he has stated that disfigurement of part of the body was due to maggots. He also says in the cross-examination for the creation of maggots, it will take 6 days from the date of death. However, he deposed that it is not correct to state that the death would have occurred beyond 36 to 48 hours. Such a statement is not in consonance with the report given by him. As discussed above, it was not a summer. Therefore, a body would take more time to decompose. According to the prosecution the body was buried. It is not known how the nose is partly eaten and the entire body covered with flies, with entire skin having been found removed. The body was so decomposed. The postmortem was done then and there itself. There was no natural orifices leading to the quick decomposition as the body was facing earth. Though in the cross-examination P.W.23 states that maggots are not formed, such statement is contrary to the evidence of P.W.27, who admits the presence of maggots. For maggots to set in it would take 8 to 24 hours in hot weather. Therefore, we find it very difficult to accept the evidence of P.W.23 with respect to the time of death as well as the factum of the body being buried.