23
latter’s signature identified or proved. Counsel stressed that the independent
witnesses who deposed to such a form do not indicate that there were any
signatures on it. PW-3 merely stated that a paper/document (of “Oriflame”) was
recovered from Neha’s residence. He did not indicate whether the form was
filled. PW-6 stated that certain articles including the form were seized in his
presence but did not indicate their nature/details. While PW-3 identified the
form in court, no question for the purpose of identifying the handwriting on
such form was put to him. The signatures of the independent witnesses, as well
as the police personnel at the time of such seizure were not found on the
pullanda containing the form. The only witness providing any details with
reference to the “Oriflame” form is PW-31 IO. It was urged that these “details”
too were mere surmises of PW-31 untested during the investigation or trial. It
was also pointed out that all questions put to Neha, relating to the recovery of
the Oriflame form, were denied. While PW-1, in his examination-in-chief states
that his wife was a consultant at Oriflame, the form seized from Neha’s house
was not shown to him. Evidence in this regard may have been forthcoming from
him. In fact, neither PW-1, nor any Oriflame employee admitted the
handwriting of Megha. The prosecution did not conduct any forensic
examination of the form to establish the alleged handwriting/signature of
Megha. Further, PW-l was also involved in a TIP for the seizures of articles
seized, where certain jewellery, allegedly belonging to the deceased, was
purportedly identified by him. Inexplicably the "Oriflame" form was not put to
him by the prosecution in these proceedings. Therefore, it is evident that the
"Oriflame" document does not connect the deceased, Megha, or her relation of
dealing with Neha as there was no investigation on this document. Therefore,
barring the ipse dixit of PW-31 IO, there is nothing suggesting that the
"Oriflame" form was filled for Megha, or filled or signed by her.
43.
Mr. Shri Singh next urged that DW-1 Deepika Shinde had admitted to
going to the spot on 19.06.2011, based on a request made by the control
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