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From his testimony we get that he is a resident of Sonepat and there he runs a photo studio. On May 6, 1984 one Mool Shankar approached him at Sonepat and took him to the house of accused at Samalkha. There he took photographs (Ext.DC,DE and DH) of the outer door of the house, one leaf of which he round broken, and of a hand pump with its handle missing. In cross-examination he stated that his studio was situated at Bohana road, Sonepat and in between the bus stand of Sonepat and his studio thee were about 20-25 other photo studios on that road. He further stated that Mool Shankar was not known to him from before lastly, he stated there were photographers in Samalkha also. Having regard to the undisputed fact that Sonepat is at a distance of about 40 kilometers from Samalkha and that there were photographers in Samalkha, it seems strange that the services of Satbir Singh, who was not known to the accused were requisitioned. When the evidence of D.W.3 is considered in the light of the evidence of S.I. Bodh Raj (P.W.21), S.I. Piara Ram (P.W.19) and Sat Prakash (P.W.12), who was witness to the seizure of the articles by P.W.21 and P.W.19, it becomes crystal clear that the story of the breaking of the door was contrived by the accused later on the build up a defence. All these witnesses categorically replied, when cross examined on this aspect, that they did not notice any leaf of the outer door of the house broken when they went there in the evening of may 5, 1984. The comment of the High Court that their such reply was evasive is wholly unjustified for if they had not seen any mark of violence on the door, the only answer they could have given to that question was that they did not notice any such mark.

(emphasis suppled) Before we conclude our discussion on the above aspect it would be necessary to refer to the statement made by accused Subhash in his examination under Section 313 Cr. P.C. (quoted earlier), wherein he stated that on being attacked by Rajesh and Yogesh he assaulted Yogesh and Suraj Bhan. In support of his statement he examined Dr. Ramesh Batra (D.W.1) and Dr. N.K. Verma (D.W.5), D.W.1 testified that on May 5, 1984 at 11 P.M. he examined Subhash in his clinic at Sonepat and found a lacerated wound 3 cms. x 1cms over the left paroetal region and he stitched that wound. The other doctor (D.W.5), who claimed to have examined Subhash on the following day (May 6, 1984) at 6.45 P.M., deposed that he (Subhash) had one stitched wound over the left parental bone, a bruise over the front of the right knee, abrasion on the right shoulder, sub-conjunctival haemorrhage over the middle part of the left eye and swelling over the left eyebrow. According to D.W.5 all the injuries that he found on the person of Subhash were caused by blunt weapon. Apart from the fact that the evidence of the two doctors vary regarding the number of injuries found on the person of Subhash, the injuries could not have been caused in the manner alleged by him, namely, attack by knives by Rajesh and Yogesh in which case we would have expected incised wounds. Indeed, D.W.4, who gave the defence version of the incident, did not state in her examination of having seen subhash being attacked by Rajesh and Yogesh much less with knives and in cross examination she categorically stated that Subhash did not receive any injury with the knife and that he received 3/4 injuries with lathis. All these facts and circumstances not only militate against the defence versions but also persuade us to hold that the claim of Subhash that he sustained injuries in the incident owing to assault by Rajesh and Yogesh with knives is unfounded.