was found on the “off side” of the platform. A perusal of the record, however, shows that the earliest version of the incident emanates from the entry recorded by the Station Master, as per which, he upon hearing cries from the track side, deputed Bijender , a pointsman to verify the situation, and was thereafter informed that an injured person was lying near the railway line. He was not an eye witness to the said incident and merely recorded what was conveyed to him, and consequently, the evidentiary value of such an entry cannot be treated as a direct account of the occurrence. Even otherwise, this account of events does not specify as to on which side of the platform, the body deceased was found lying. Furthermore, the said pointsman, who was the first person to reach the spot, has not been examined, and the non-examination of such a material witness assumes significance, as he alone could have deposed with respect to the manner in which the appellant was found and the surrounding circumstances of the occurrence. The absence of his testimony, therefore, leaves a material gap in the case set up by the respondent.
