44
proved. It is not that Neha’s arrest provided sole foundation of the prosecution
case. In some ways, it is an entry point; its rejection would mean that the court
should proceed cautiously with other evidence, objectively determine whether
all other circumstances were proved beyond reasonable doubt, and whether in
the end the guilt of the accused and not others, has been so proved.
II.
Circumstances relating to arrest of the other appellants
81.
If the circumstances leading to Neha’s arrest on 22.06.2011 be
disbelieved, what remains as a matter of the record is that she was interrogated
in the presence of PW-3 and PW-6 that day. It is necessary to analyse the
depositions of these witnesses. PW-3 is a relative of the deceased, as well as
Niranjan Deshpande (PW-1). He was present on 19.06.2011 and witnessed the
seizure and sealing of blood samples, fingerprints and the articles found at the
crime scene. He was also a witness to the inquest proceedings. He deposed that
the IO (PW-31) asked him, in the morning of 22.06.2011 to reach the Police
Station, with some other person. PW-31, however, did not support PW-3 about
asking him to bring another person. Nevertheless, PW-3 and PW-6 reached the
police station at around 7:30 AM. Neha’s arrest is shown at 08:10 AM; the
disclosure statement and recovery of two golden bangles, a broken mangalsutra,
3 guriyas, gold pendant, an ATM card belonging to deceased Megha, an
Oriflame perfume bottle and an Oriflame form (apparently with Megha’s
signature) were witnessed by PW-3. He also deposed with respect to the arrest
of Rahul (at 9:00 AM), disclosure statement by him and recovery of various
articles i.e., a pistol, a knife, two golden bangles, part of a broken mangalsutra
containing a “guriya” and chain (weighing approximately 9 grams), a black
guriya, and Rahul’s photograph (wearing a black beaded bracelet on his right
hand). He further testified to the arrest of Manoj at 10:05 AM, on 22.06.2011,
his disclosure and pointing to articles, leading to their recovery (Ex. P16 & Ex.
P17). The recovered articles included two golden bangles, portion of a broken
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