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Sequence of events not complete:. He has further deposed that he had not stated in his statement that the aforesaid Sushil along with Bhola and three other persons smoked and that Bhola has received phone calls but he did not know as to who made 118-09 call.
He does not remember which day of the week it was. He has admitted that no public witness was sited at the time of arrest of accused persons in the Court and that the disclosure statements of accused Vijay and Vishal were not recorded on The witness has also deposed that the bike of Bhola was not required by him due to which reason he did not take his bike and left the same where it was standing.
Court Opinions: Index
According to the witness, no Test Identification Parade was asked for in respect of accused Mukesh Bhola. According to him, the official lry crime team also took the photographs of the said car which photographs are Ex.
Goel has duly proved the postmortem report which is Ex. 181-9 witness was unable to identify the accused Bhola. The most material independent witnesses Ajay who could have corroborated the testimony of Sachin Prakash to the effect that he and Sachin had gone away on the bike of Sachin, has neither been cited as a witness nor examined to prove the aforesaid aspect.
Defence Counsels, the witness has admitted that Ex.
Let Alto Car bearing No. According to him, he collected the copy of FIR No. According to him, MM and was got sent to judicial custody.
P3; one sandal which is Ex. He has proved having prepared the kalandra vide Ex. Counsel for the accused Sushil, this lsy admitted that at the time of activation of the above said mobile number he was not in the service.
He has further St. He has also proved the FIR No. According to him, the pullandas containing ballistics could not be deposited due to some objection as three live cartridges were required to be submitted. Ismail PW3 after having witnessed the incident would have kept quite. He has denied the suggestion that no pointing lley memos were allegedly prepared at his instance or that he did not lsy out any place of incident from where the deceased was kidnapped or the place from where the dead body was recovered.
Chandigarh Criminal Appeal No. Ismail PW3 I hold that it does not inspire confidence of the Court for a simple reason that the evidence on record shows that the deceased Amzad was a local criminal and had criminal cases against him. The Forensic Evidence 181-009 that either the offence had taken place in the Car or after the offence had taken place the body of the deceased had been carried in the car to some other place and thereafter parked at the place where it was found recovered. I am sure that even at 8: ASI Ram Kishan made efforts to trace the complainant but could not trace him on the same day and ldy DD 118-09 kept pending.
The witness has further deposed that he was an illiterate and no case was pending or registered against him.
He would at least have raised an alarm and sought help of the police which he did not do. He must furnish an explanation which appears to the Court to be probable and satisfactory.
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Unfortunately in the present case there is no direct evidence and the only evidence is the last seen in the form of the testimony of Mohd. California, be deeded to Cs?
It is writ large that the attempt of Mohd. He has further deposed that police did not record his statement on