there is nothing in the evidence on record to show that at any point of time, P.W. 4 had seen or identified Dashrath Mallah after the occurrence. In these circumstances, it clearly follows that even if P.W. 7 has denied that he was present at the place of occurrence, it would not adversely affected the veracity of the evidence of P.W. 1. 30. Coming to the evidence of P.W. 11, the Investigating Officer of this case, we notice that according to his evidence, while posted as the Officer-in-Charge, Karamchat, he heard rumor, at Karamchat Police Station, on 08.01.2007, that a person, belonging to Mallah (fisherman) community, had been murdered in the field situated near Batahi bridge, the murderer was fleeing away and people were rushing to the place of occurrence. He recorded Case Diary Entry No. 113 in this regard and proceeded to the place of occurrence along with SAP Jawans and, on the way, he saw a lean and thin youth, who was going towards Sahar bridge, but as soon as the said youth saw the police jeep, he turned back and began to run away from there, but he was chased and caught hold of by police personnel and, on being interrogated, he stated his name as Sukhoo Mallah, Village – Sakra, P.S.- Ramgarh (i.e., the accused-appellant). It is in the evidence of the Investigating Officer (P.W. 11) that he found blood stains on the shirt and trouser of the accused and, when asked about the same, the accused told that he had been returning after committing murder of Lorik Mallah by cutting his neck. The
