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prosecution high and dry. For instance, the Naksha Panchnama (Ex. P3) dated
29.03.2013 records the names of five witnesses, including PW-2 and PW-8,
and states that the witnesses inspected the body of deceased Ajit Pal @ Bobby;
that there was a big wound on the right side of the neck of the deceased; that,
in the opinion of the panch witnesses, the deceased was murdered by Rajesh
Yadav and Raja Yadav by cutting his throat with a knife; that his body was
stuffed in a sack; and that the sack was thrown in a well. It then goes on to
record the opinion of the Investigating Officer (PW-16) wherein, after noting the
factual aspects, he stated that Ajit Pal was murdered by Rajesh Yadav and
Raja Yadav by cutting his throat with a knife. Notably, the narrative is not that
of the panch witnesses but mostly of PW-16 himself and the panch witnesses
merely signed the panchnama. Akin thereto, the Crime Details Form (Ex. P13)
notes that the scene of the crime was visited on 29.03.2013 at 15:15 hours and
records that, 15 metres from the Khandari Canal, an old well is situated; that
there are bushes growing around the well; that there was a body inside a white
sack which was floating in the water in the well; that the width of the well was
2 metres 70 cms.; that the well was
6 metres deep; and that there was 1
metre water in the well and 5 metres was empty. Significantly, though the Crime
Details Form notes that two panch witnesses were present, there is no
narrative by them and they simply signed the form. The same is the position
with the Crime Details Form (Ex. P14), relating to the finding of blood on the
walls of the washing area and the floor; black plastic slippers; and an empty
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