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35. In this case, the appellants have also argued that the blood stained earth, check towel, red green towel, pair of big size hawai chappal as well as multi colour shawl has also been seized by the Investigating Officer but none of those articles had been sent for chemical examination and as such, this has also caused serious prejudice to the defence and they are entitled for the benefit of the same. However, as discussed above, evidence of PW5 disclosed that he had filed protest petition and evidence Patna High Court CR. APP (DB) No.284 of 1994 of PW2 and PW3 disclosed that they apprehend that Investigating Officer is not conducting the investigation properly and he had come to the village only once and as such prosecution is apprehending that investigation not being properly conducted by Investigating Officer and that apprehension of prosecution is being fortified by action of Investigating Officer of not sending those articles for examination by Forensic Science Laboratory, as had any report was brought on those articles or had T.I.P. of those articles been conducted, they would have certainly throw some light in this case but at the same time, in our view, for the laches on the part of the Investigating Officer, allowing the prosecution to fall, shall tantamount to playing in the hands of Investigating Officer. If the investigation is designedly defective and on that ground the prosecution case cannot be thrown out specially where there are evidences to show that accused persons were seen fleeing from the place of occurrence immediately after the occurrence. The deceased was found in injured condition, who disclosed the names of appellants as the assailants, while taking to hospital.