the Evidence Act, the Sessions Court and the High Court came to
the conclusion that the appellant was guilty.
11. Assailing the concurrent judgments of the Sessions Court and
the High Court, it was contended by Shri S. Nagamuthu, learned
senior counsel for the appellant that the evidence of PWs 1 to 3 is
untrustworthy; that there was an unexplained delay of five days in
forwarding the FIR to the jurisdictional Court; that there were
serious contradictions regarding the place where the body of the
victim was kept and the place where the inquest was conducted;
that the evidence to support the last seen theory was insufficient to
convict the appellant; that there was complete failure on the part of
the prosecution to examine material witnesses; that in a shocking
abdication of duties, the I.O. failed to produce forensic/medical
evidence; and that the mandatory requirement of Section 313 of the
Code was not fulfilled.
12. However, it was contended by Shri Ardhendumauli Kumar
Prasad, learned AAG for the State that there are no reasons for PWs
1 to 3 to implicate the appellant; that their evidence was found to be
cogent and trustworthy by two Courts; that the delay in forwarding
7
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