Maharashtra1, Dandu Jaggaraju v State of A.P.2 to contend that motive
was not established as the accused knew of the inter caste marriage for long.
7.2
It is further submitted that the eyewitness PW2 is not reliable. It is
submitted that PW2 had raised a loan by mortgaging appellant's second-hand
motorcycle and that appellant and PW2 had heated exchange regarding the
monetary transaction 15 days prior to the incident.
7.3
It is submitted that non examination of the wife of PW2 is fatal to
the story of prosecution, as presence of appellant in the house of PW2 and
appellant having left PW2’s autorickshaw along with him raises a serious
doubt. It is submitted that the appellant’s visit to the deceased house is also
not proved.
7.4
It is further submitted that there are material contradictions in the
testimonies of PW1 and PW3 regarding the events that occurred on
28/06/2013, which casts a serious doubt on the reliability of these two
witnesses.
7.5
It is further submitted that adverse inference has to be drawn against
the prosecution for non-examination of material and independent witnesses,
Narayan Ramrao i.e. owner of the tea stall located near the scene of incident;
1 (2019) 15 SCC 575
2 (2011) 14 SCC 674
6
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