SCC Online Web Edition, © 2022 EBC Publishing Pvt. Ltd. Page 16 Monday, October 24, 2022 Printed For: Navami Krishnamurthy, Jindal Global University SCC Online Web Edition: http://www.scconline.com © 2022 EBC Publishing Pvt.Ltd., Lucknow. ----------------------------------------------------------------------------------------------------------------------------------------------------------- committed this crime to get government grant for being a rich man and to marry Km. Manju D/o Kanhai, resident of Pakadiya, Police Station-Tambaur, DistrictSitapur regarding whereof the detailed statement has been recorded by you. The baanka used in the incident and the pant-shirt, on which blood spilled from the bodies of deceased persons got stained and which had been put off by me due to fear, have been kept hidden at a secret place by me which I can get recovered by going there.” In expectation of recovery of murder weapon and blood-stained clothes, I-the Station House Officer Yogendra Singh alongwith aforesaid Hamrahis departed carrying accused Ramanand alias Nandlal Bharti by official jeep UP70AG0326 alongwith driver Raj Kishor Dixit for the destination pointed out by the accused, vide Rapat No.- 7 time 07.15…” [Emphasis supplied] 58. We shall now look into the oral evidence of the PW-7, Investigating Officer wherein, in his examination in chief, he has deposed as under: “In January 2010 I was posted as Station House Officer, Kotwali Dhaurahara. On 22.1.10, I myself had taken the investigation of aforesaid case. On that day I had copied chik, rapat and recorded the statements of chik writer H. Constable Dhaniram Verma and complainant of the case. After recording the statement of complainant of the case Shambhu Raidas I inspected the occurrence spot on his pointing out and prepared the site plan which is present on record; on which Exhibit Ka-6 has been marked. And I had also recorded the statement of hearsay witnesses Ahmad Hussain and Nizamuddin. On 23.1.10, I recorded the statements of witnesses Kshatrapal, Rustam Raidas. On 24.1.10, I arrested accused Ramanand and recorded his statement and when he expressed that - he may get recovered the murder weapon used in the incident, I recovered the murder weapon baanka before the witnesses on his pointing out; which had been sealed-stamped at the spot and its recovery memo had been prepared at the spot itself, which is present on record as Exhibit Ka-5….” [Emphasis supplied] 59. We shall also look into the oral evidence of the PW-6, Uma Shankar Mishra who at the relevant point of time was serving as a Sub-Inspector Chowki In-charge Bahjam, Police Station. It appears that the PW-6 had also participated in the proceedings of discovery panchnama. He has deposed in his examination in chief as under: “On 24.11.2010, I was posted at Police Station-Dhaurahara. That day, Ramanand S/o Gobre Rio Naamdar Purwa, Police Station-Dhaurahara, domicile of village Basadhiya, Police Station-Isha Ganj, District-Kheri, the arrested accused of Crime No. 49/10 U/S 302 State v. Ramanand alias Nandlal Bharti, was taken out of male lock up by the then In-charge Inspector and followers S.I. Nand Kumar, Co. Mo. Usman, Co. Prabhu Dayal, Co. Santosh Kumar Singh and Co. Shravan Kumar, and interrogated by the Incharge Inspector in my presence, during which he confessed and told that he would get recovered the murder weapon used in the murder and his blood stained pant-shirt which he had kept hidden at a secret place. On this, expecting the recovery of murder weapon and blood stained clothes, the SHO along with followers and force, carrying accused Ramanand with him, departed on an official jeep - vide GD No. 7 time 7 : 15 a.m dated 24.01.2010. On the way, he picked up public witnesses Chhatrapal S/o Rameshwar and Pratap S/o Asharfi Lal, both residents of Naamdar Purwa, Hamlet-Amethi for the purpose of recovery.” [Emphasis supplied] 60. From the aforesaid two things are quite evident. In the original panchnama (Exh.5), the statement said to have been made by the accused appellant figures, however, in the oral evidence of the PW-7, investigating officer & PW-6, Sub-Inspector