In likewise manner, it has also been submitted that how the doctor (PW7) was examined is a matter of concern. Because of the fact that the evidence of PW 7 would have been allowed at the end of learned lower court as, neither he was charge-sheet witness nor there happens to be disclosure in the charge-sheet with regard to death of the deceased and further, there happens to be no connectivity in between and further, even in worst case admitting that the death had occurred after elapse of so many months, could not be tagged with the instant trial, as aforesaid event was not under subjugation. Therefore, even after examination of PW 7, the matter would not improved nor there is justification of trial of the appellant for an offence punishable under Section 304 of the Indian Penal Code and so, it could not be said that during conduction of trial, there was miscarriage of justice and so, at the present moment, the case should not be remitted back to the learned lower court on that very score as, the same will cause injustice to the appellant. Consequent thereupon, it has been submitted that after considering the facts of the case, it is crystal clear that prosecution has failed to substantiate its case whereupon the judgment impugned is fit to be set aside.
