16 on record to support the claim of theft or robbery from the scene of crime. 34. Chandni, PW-8 has deposed that wife of Tekram (Smt. Anita) had opened the door at 3.00 A.M. She has not been examined by the prosecution and no reasons have been assigned to explain this anomaly. Considering the conflicting statements of the witnesses examined by the prosecution, Anita would be in a position to have seen the appellants at the house around 3 A.M. She would have been the first person to have seen the deceased persons and deposed about the circumstances after the incident. It is also relevant that there were other three children present in the house at the time of the incident. No attempts have been made to examine them as well. Thus, the best evidence which would have been thrown light on the controversy in question has been withheld. 35. Sohandas, PW-9 has been relied on for corroborating the testimony of Chandni, the child witness. Reliance has been placed on her witness to show the presence of the appellants at the house. Sohandas had deposed only on the basis of a telephone call from Amrika Bai that Digamber has come to see Kondi. PW-9 does not know the name of Ghirdhari. He has referred to a boy accompanying appellant No.1, which is not sufficient to show the acquaintance. He