9
13.
Before parting with the factual narrative, we may note that the
prosecution tried to project Puran Singh (PW-3) as a witness to buttress a ‘last
seen’ theory so as to build up a stronger case. This witness stated that his
daughter was married to PW-2. He stated that he knew the accused also. He
claimed that on 26.03.2013 at 6 pm, he had gone to Narmada Nagar to give a
box of sweets to his daughter for Holi. He further stated that, after leaving her
house, he reached the railway crossing and met Raja Yadav, Rajesh Yadav
and Ajit Pal. Ajit Pal greeted him and he asked Ajit Pal why he was not at home
as it was past 9 pm. Ajit Pal told him that he was going to see the ‘Holika’ and
left with the others. PW-3 stated that he then went home and was informed by
his daughter on 28.03.2013 that Ajit Pal had been kidnapped and ransom calls
had been made. On 29.03.2013, his daughter informed him that Ajit Pal’s dead
body was found inside a well and that Raja Yadav, Rajesh Yadav, Brijesh Yadav
and Om Prakash Yadav had helped recover it. PW-3 stated that he went for
Ajay Pal’s last rites on 30.03.2013 and when he met the Town Inspector at the
crossing, he told him that he had met Ajit Pal along with Raja Yadav and Rajesh
Yadav on 26.03.2013. This version of PW-3 was accepted by the Trial Court
but was disbelieved by the High Court. The ‘last seen’ theory sought to be built
up by the prosecution, therefore, fell to the ground.
14.
A conspectus of the prosecution’s case clearly reveals that it is
poised entirely on circumstantial evidence as there was no eyewitness to the
kidnapping and murder of Ajit Pal. In a case resting on circumstantial evidence,
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