State Of Punjab vs Dr. R.N. Bhatnagar And Anr on 18 December, 1998
To same effect reliance was placed upon
State of Punjab Vs Jit Singh & Ors (AIR 1994 SC
549]
24 On perusal of records, this court is of
considered opinion and finds itself in agreement with
submissions made by learned counsel for accused to
the effect that most of the prosecution witnesses have
made substantial improvements while deposing in court
as compared to their statements recorded under Sec.
161 Cr. P. C. PW.5,PW.6 and PW.10 have apparently
22
State Vs R.N.Sharma
made substantial improvements and infact have
substantially changed facts as had been mentioned by
them in their statements recorded by the police. Not
only this, there are some glaring contradictions in
testimony of these witnesses interse.
25 It cannot be lost sight of that the accused
had been placed in column no.2 of the charge sheet
and was subsequently summoned by the court.
Investigating Officer during course of his testimony
had admitted that as there was no direct evidence
against the accused, he was placed in column no.2 and
challan was accordingly filed in court.
26 All these gains credence in view of fact that
name of the accused had not cropped up as the culprit
during early stages of investigation.