The FIR also appears to be anti-dated. The occurrence is stated to have taken place on 23.11.1992 whereas the FIR was recorded on the next day i.e. 24.11.1992 at 8:45 a.m. on the statement of Jhanda Singh but he has denied making such statement on 24.11.1992. He has stated that the police recorded his statement Ex.PC, 3-4 days after the occurrence in the hospital. During the cross-examination, he has further stated that on the day of occurrence, he did not disclose about the occurrence at the police post situated nearby the place where the accident had taken place. He has admitted that he is illiterate and cannot read the number upon the vehicle but the FIR contains the number of the offending vehicle. He is very categoric in his statement when he testifies that the police did not record his statement at the place of occurrence and the police had come to him on the 3rd day of the incident and recorded the statement at 4:00 p.m. It is further in his statement that he had disclosed about the name of the accused after making inquiry from the shop-keepers. Thus, no doubt is left in my mind that lot of padding has been done by the Investigating Officer and the case was concocted against the accused. That apart, the testimony of Jhanda Singh does not find corroboration from any other evidence. It was night time. Jhanda Singh is stated to be the conductor and supposed to sit on the rear portion of the vehicle, as such, in view of the infirmities as referred to above in his statement, he cannot be said to be a truthful witness.
