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23.
We may now consider the evidence of PW5 Ujjwal in the backdrop
of the principles discernible from the decisions of this Court as stated
above.
(A)
The points on which the testimony of PW5 Ujjwal gets
corroborated by other pieces of material or evidence on record are:
i)
According to him, a call was received on mobile of his
mother, whereafter she opened the door and let the accused in.
The mobile of his mother bearing number 9411926017
definitely received a call at about 9.27 p.m. from a mobile bearing
number 9758835941. The call lasted for 20 seconds.
However, there is nothing on record that the concerned
mobile was that of accused Hari Om, or any of the accused. The
record does not throw any light, nor any efforts were made by the
investigating machinery to trace the name of the person holding this
mobile phone number.
However, there is some corroboration available from the
testimony of PW2 Ompal Singh that on 28.10.2008 he had found
Hari Om standing near a vehicle in the vicinity of the house of the
deceased; and upon being asked, accused Hari Om had replied that
he was calling Smt. Nirdosh Devi. However, according to PW2
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