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proved. These are reasons why the events of 22.06.2011 (after the arrest of the
accused, and recoveries were made at their behest) have to be segregated and
seen differently from the events and circumstances relied upon by the
prosecution on other dates.
86.
The credibility of PW-3 and PW-6, in this Court’s opinion, cannot be
doubted. PW-3 was present on 19.06.2011, after discovery of the murderous
attack and PW-1 Niranjan Deshpande stayed with him after reaching Indore. He
(PW-3) was the deceased Rohini’s nephew and even performed the funeral rites
of the deceased. Likewise, PW-6 lived in Village Barlai which is about 45
minutes by bus, from Jaora (where PW-3 resided). He knew PW-3 and had
known Rohini for about 10-15 years. He reached PW-3’s house when the latter
asked him to Rccompanyy him to the police station, since Neha had been caught
and her search had yielded an ATM card which belonged to Ashlesha. Of these
two witnesses, PW-3 is related to the deceased; however, PW-6 was not. Both
witnesses corroborated each other’s testimony and prove the prosecution story
about Neha’s questioning, her arrest, disclosure statement, recoveries made
pursuant to her statement, as well as the arrest, disclosure statements and
recoveries made from Rahul and Manoj. Furthermore, there is no discrepancy
between their testimonies and that of the IO (PW-31). Another piece of evidence
is that PW-27, an officer of Bank of India, Ujjain deposed that he issued a letter
(Ex. P98) to the SHO containing the ATM card numbers. Megha’s ATM card,
recovered pursuant to Neha’s disclosure statement, was issued by his bank; this
was among the articles seized on 22.06.2011.
87.
An overall analysis of the testimonies of PW-3 and PW-6 shows that
despite some inconsistencies, which can be put down to imperfect or faulty
recollection of sequence of events, or about the people present etc., their
testimonies are credible. The effect of their depositions is that they witnessed
the disclosure statements of Neha, Rahul and Manoj, and also witnessed the
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