fearing of their being recognized and in such a condition also, not firing to kill any of the family members, despite having fire arms. The complainant, Ganga Bux Singh, has also not been got examined medically because he would not have suffered any injury, whereas the allegation is that he has been dragged by about nine persons after getting the door opened by P.W.-2. In such a situation, it is not possible that certain injuries would not have been suffered by him, may be contusion, etc. The witnesses namely, Om Prakash, Nand Kishore, and Roshan, who were named by P.W.-1, P.W.-2, and P.W.-3, have not been produced in evidence, and they were discharged on the application by the learned Additional Government Counsel on the ground that they were won over by the accuseds. Ranvir Singh, who was brother-in-law of the complainant and was sleeping alongwith him, when the accuseds came and committed the crime, was a material eye-witness, but not produced in evidence, which also creates doubt about the whole prosecution story. They were material and independent witnesses and might have not been produced because they might not be ready to give evidence of a false prosecution case. Neither recovery of the stolen articles has been made nor the police could find out as to what happened to them, if they were stolen in the alleged robbery. The trial court, without considering the above and evidence and recording findings on the basis of presumption, has convicted the appellants and sentenced them, which could not have been done.
