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during investigation, certain other features are available from the record
which must be noted at this stage.
i)
If PW5 Ujjwal was attempted to be murdered and as
disclosed by PW4 Shankar Lal (milkman) he had seen a ligature
mark on the neck of PW5 Ujjwal, there was nothing on record
supporting this fact.
ii)
Parcha No.2 which was part of papers pertaining to
investigation, did make a reference to the statement of PW5 Ujjwal
recorded during investigation. However, as stated by PW10 S.O.
Gautam, the said Parcha was not in his handwriting, though, he was
incharge of investigation. He could not give any answer as to who
had written that Parcha.
iii)
If according to the Prosecution, PW4 Shankar Lal was the
first person to reach the place of occurrence, his statement was
recorded 26 days after the incident. The response given by the
concerned Investigating Officer shows that no attempts were made
to trace said Shankar Lal.
iv)
The versions given by PW1 Kotwal Singh and PW4 Shankar
Lal in court did not, in any way, suggest that the names of
suspects were narrated to them by PW5 Ujjwal, or that he had told
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