86
established (and what was not established) this court proceeds to summarize its
findings.
162. As against Neha, this court has held that the circumstances proved are,
firstly, recovery of articles including two golden bangles, a broken mangalsutra,
3 guriyas, a gold pendant, an ATM Card which belonged to Megha on
22.06.2011. The loss of these articles was reported by PW-1, on 21.06.2011, i.e.
one day before Neha’s arrest. The second circumstance proved by the
prosecution is the TIP of these articles by PW-1 who was able to correctly
identify them (as also corroborated by PW-12 during the trial). Linked with this
circumstance is the deposition of PW-27, a Bank of India, Ujjain official who
deposed to issuing a letter to the SHO, (Ex. P98), containing the ATM card
numbers. The ATM card (5264959108034023) which belonged to Megha,
recovered on 22.06.2011 pursuant to Neha’s disclosure statement, from her
house, was issued by that bank. The third circumstance proved by the
prosecution against Neha is her fingerprint. PW-24 KK Dwivedi, the fingerprint
expert, deposed to searching the crime scene for possibility of lifting
impressions of fingerprints. A set of five fingerprints (i.e. Ex P80 chance
fingerprints) were lifted by him which was witnessed by two witnesses (PW-5
and PW-9) who corroborated the fact. This court has held, previously that the
possibility of others’ presence at the crime scene, and its contamination could be
ruled out, because of the deposition of these two witnesses, as well as other
depositions. PW-17 obtained the fingerprint samples of Neha (Ex. P43), which
he deposed to during the trial. The deficiencies alleged by the appellants, in the
opinion of this court, about the procedural lapses in the collection of such
evidence, are not convincing. The evidence of PW-24, as well as his report (Ex.
P84) prove that a chance fingerprint (sample E, collected from the crime scene)
matched with the sample obtained from her, by PW-17 during the investigation.
The fourth circumstance, against Neha, which was established during the trial and a vital one, is her knowledge of the crime. Her disclosure statement, led to
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