is quite unnatural and unbelievable. So far other witnesses Jitu Sah (P.W.2) and Umesh Prasad( P.W.3) are concerned, they have supported the prosecution case and stated that there was hulla „chor chor‟ and thereafter he saw the informant running and he was chased by the appellants and thereafter the appellants assaulted him. The defence has brought the FIRs of the case and counter case with respect to the occurrence of 9.10.1992 which has been admitted by the informant. Their evidence further disclosed that after regaining consciousness the appellants were present and he was admitted in the hospital and after his discharge from hospital he was arrested by police in connection with earlier case and he was granted bail on 22.10.1992. The aforesaid evidence creates doubt about the prosecution case as it does not look probable that after assault and snatching of money, the appellants shall remain present there, secondly Rajani Kumar has not been examined and thirdly there was hulla of “chor chor” and they saw informant being chased by appellants, which demolishes the prosecution story and it seems that manner of occurrence is in different way and not as per prosecution version. However, learned trial court has not considered the aforesaid aspects of the matter and convicted the appellants under Sections 323, 379 and 341 IPC. Further informant was arrested from hospital after his discharge and thereafter he was released on bail on 22.10.1992 and hence possibility of false implication of the appellants cannot be ruled out.
