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bottle of liquor. The same panch witnesses find mention in this Crime Detail
Form and they affixed their signatures but again, it is not their narrative and
there is no recording of how they went about finding these objects. Further, the
form straightaway records the opinion that Rajesh Yadav and Raja Yadav had
murdered Ajit Pal, put his body in a plastic sack and threw it into the well.
32.
Property Seizure Memos (Ex. P18 and Ex. P23), relating to the
seizure of the blood-stained clothes of Rajesh Yadav and Raja Yadav
respectively, are drafted likewise wherein the witnesses, Bambam (PW-9) and
Surjeet Singh, are named but there is no narrative on their part as to how they
were led and assisted by someone to find these objects. On the same lines,
Property Seizure Memo (Ex. P9), relating to the seizure of the blood-stained
soil, controlled soil and the plastic slippers; Property Seizure Memo (Ex. P10),
relating to seizure of the liquor bottle; Property Seizure Memo
(Ex. P12),
relating to seizure of the body of the deceased and his clothes along with the
hair found in his right fist; Property Seizure Memo (Ex. P11), relating to seizure
of the murder weapon; and Property Seizure Memo
(Ex. P19) relating to
seizure of the two mobile phones; also reflect the same style of recording.
Witnesses to the panchnamas and the seizures acted as mere attestors to the
documents and did not disclose in their own words as to how these objects
were discovered, i.e., at whose instance and how. Ergo, no lawful validity
attaches to these proceedings recorded by the police in the context of collection
of all this evidence.
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