40
the evidence in that behalf, by itself may not be enough to sustain
the finding of guilt. It will be one of the factors to be taken into
account in the ultimate analysis.
(II)
Accused Hari Om was seen in the neighbourhood, or near the
house of Smt. Nirdosh Devi next to a red Tavera vehicle by PW2
Ompal Singh and one Ram Prakash.
During investigation,
statement of one Raju, owner of the house where accused Hari Om
resided, was also recorded.
Ram Prakash and Raju were not
examined during trial and, as such, apart from the statement of PW2
Ompal Singh, we do not have any material to support the version
that accused Hari Om was either in the neighbourhood of Smt.
Nirdosh Devi, or was moving about in a red Tavera vehicle on
28.10.2008. If the names of accused Hari Om and his associates
were not known as suspects to the police on 28.10.2008, which is
the case of the prosecution, the link in that behalf has to be either
through PW2 Ompal Singh or through Ram Prakash or Raju. When
latter two were not examined at all, we have to rely only on the
testimony of PW2 Ompal Singh. His cross-examination reveals
that he made no attempts to talk to the police on 28.10.2008, though
he asserted in his examination-in-chief that in the morning of
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