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9. Before leaving the judgment I have to necessarily to advert to that both the Judges of the Courts below in this case have erred in marking and discussing Exts. Dl to D6. For, during investigation, the statements are recorded by the-investigating agency under Section 161, Cr. P. C. and those statement shall not be signed by the witnesses as contemplated under Section 162 Cr. P. C. Therefore, the particular portions of those unsigned statements recorded by the Investigating Officer, when needed, can be used during the course of the examination of the witnesses in the witness-box for the purpose of contradiction as provided under Section 145 for for corroboration as provided under Section 157 of the Indian Evidence Act. It is also a sorry state' of affair, to mention that the failure in taking timely action and the action then taken with lethargy by the concerned police in this case where one of the injured persons received a fatal injury on his abdomen which resulted in his intestine coming out, mainly paved the way to set the revision-petitioner at large. On account of the above doubts which have been created by the prosecution in their case, the benefit of doubt necessarily will have to go to the revision-petitioner.