51
participate, underlines that doubt. The doubt gets further heightened by the fact
that PW-7 knew the deceased family - and also claimed that his mobile number
was available with them. The IO (PW-31) does not in his statement say anything
about this. He was silent as to why PW-7 instead of the other three was involved
in the proceedings in 23.06.2011, and regarding the non-examination of Prakash
Ichke, the other witness to the recoveries. Since all the recoveries were made
from open areas with no special features to highlight whether they were from
certain hidden spaces, such recoveries of articles cannot be equated with the
kind of recoveries made on 22.06.2011. This aspect is important because clothes
seized by the police (which according to the prosecution were lying in open
area, and thus exposed to elements) were articles from which samples for DNA
were collected to ascertain if there were any matches with the DNA markers
found on samples collected from the deceased and the crime scene.
IV. Testimony of PW-10, the eyewitness
93.
The prosecution relied heavily upon the testimony of PW-10. This
witness claimed that in the evening of 19.06.2011, he saw two boys trying to
start a motorcycle one of them was bleeding from the ankle, and the other, at the
forearm. He added that a girl arrived on a Scooty and advised them that it would
be better to go to the hospital. The witness alleged that he had informed the
police on the day after the incident i.e., 20.06.2011. He stated in crossexamination that after learning about the murder he claimed that he went to the
police station. Later, he said that he went there to obtain a “gumasta” license.
He admitted that he did not read newspapers but added that when he went to the
police station, there was some discussion going on about the murder, upon
which he volunteered to provide information and got his statement recorded.
The witness said that he owned a tea shop and worked as a property broker; he
later admitted that he did not have any registration as property broker. He also
admitted to having previously deposed as a witness on behalf of the police in
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