the actual place of occurrence, because of the fact that PW-4, informant has not disclosed either in the written report nor during course of his evidence that Nepali Rai (PW-1) had gone over roof. He was shot at during course of staying at roof as a result of which, he became injured. On the other hand, PW-1, PW-2 and PW-3 have stated that when PW-1 went over the roof, he was shot at. No specific plea has been taken at the end of the prosecution identifying PW-1 to be the only soft target, whereupon other family members, who were present, were not shot at. Furthermore, presence of PW-1 was also along with other family members. At that very time, he was not shot at. None of the family members slipped to save their life, but PW-1 had gone over roof through bamboo stair in order to save himself, is a circumstance, which speaks otherwise, more particularly in the background of the fact that I.O. (PW-7) had not cared to go over roof in order to trace out any sign, which could have a supportive link identifying the place of occurrence. Furthermore, as stated hereinabove, the PW-6, doctor had not found any pellet injury having upward direction corroborating the prosecution version to the effect that PW-1, Nepali Rai was shot at while he was standing over roof having height of 12 feet.
