Officer (PW-16), did not make any effort to record the
evidence of the most material prosecution witnesses,
namely, Dipendrakumar Dhirendranath Shukla (PW9) and Pradipkumar Ganesh Rawat (PW-14), who
later on vouched to the last seen circumstance as
projected by the prosecution. This omission is fatal to
the prosecution case, as it impinges on the credibility
of the witnesses’ version and also gives a clear
indication about flawed and tainted investigation.
55. It is only when Mandar Vasant Dharmadhikari
(PW-18,
2nd
Investigating
Officer),
took
over
investigation of the case on 3rd October, 2013, that
the statements of the witnesses of the last seen
circumstance were recorded for the first time. The
witness made the categorical admissions in his crossexamination which are reproduced as under: “(9) In the spot panchanama at Exh.30 names of
witnesses Dipendra Shukla and Pradeep Rawat are
mentioned. I have not enquired with Shri Lokare
46
Criminal Appeal No(s). 1954-1955 of 2022
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