Prakash Pawar and Jitendra Chaugule i.e. persons residing near Savkar
Hospital and Babu Patil (ward boy of Savkar Hospital), despite their
statements being recorded by Rajesh Arkhade/investigating officer/PW10.
7.6
It is submitted that even those persons who came to the spot after
PW2 shouted for help, are also not examined by the prosecution. The learned
counsel relied on the judgments in Jaikam Khan v. State of UP3, Jagadish
v. State of Haryana4, Hem Raj v. State of Haryana5 to contend that nonexamination of independent witness by the prosecution is a serious infirmity
and is fatal to the case of the prosecution.
7.7
It is submitted that evidence of Dr. Vikrant Savkar/PW5 is not
trustworthy and reliable, and there are material contradictions in the
testimonies of PW2 and PW5 regarding the events that occurred at the
hospital.
7.8
It is further submitted that seizure and sealing of the string which is
said to have been used by the accused to strangulate the deceased is not
proved and there are discrepancies regarding the length of the same. It is
submitted that it is not the case of the prosecution that string is linked and it
was not seized from or at the behest of the appellant and it is also not the
3 (2021) 13 SCC 716
4 (2019) 7 SCC 711
5 (2005) 10 SCC 614
7
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