16
on record to support the claim of theft or robbery from the scene of
crime.
34.
Chandni, PW-8 has deposed that wife of Tekram (Smt. Anita)
had opened the door at 3.00 A.M. She has not been examined by the
prosecution and no reasons have been assigned to explain this
anomaly.
Considering the conflicting statements of the witnesses
examined by the prosecution, Anita would be in a position to have
seen the appellants at the house around 3 A.M. She would have been
the first person to have seen the deceased persons and deposed about
the circumstances after the incident.
It is also relevant that there
were other three children present in the house at the time of the
incident.
No attempts have been made to examine them as well.
Thus, the best evidence which would have been thrown light on the
controversy in question has been withheld.
35. Sohandas, PW-9 has been relied on for corroborating the
testimony of Chandni, the child witness. Reliance has been placed on
her witness to show the presence of the appellants at the house.
Sohandas had deposed only on the basis of a telephone call from
Amrika Bai that Digamber has come to see Kondi.
PW-9 does not
know the name of Ghirdhari. He has referred to a boy accompanying
appellant No.1, which is not sufficient to show the acquaintance. He
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