31
35.
Another notable feature is that PW-2, during his
cross-
examination, came up with a different story as to what transpired during those
crucial days. He stated that on 28.03.2013, when Om Prakash Yadav and he
went to the Gurudwara and while he was there, Om Prakash Yadav gave him
a missed call. He claimed that he called him back at about 2 pm and Om
Prakash Yadav told him that Bobby was there and had taken gutkha and left.
PW-2 claimed that he told his sister not to worry and that Bobby was with Om
Prakash Yadav. He, however, went on to state that when they reached the
police station at 3:30 pm, he did not tell the police about Om Prakash Yadav
calling and speaking to him. He claimed that, on 28.03.2013, Om Prakash
Yadav threatened that he would kill him and burn down his house. According
to PW-2, he had not recognised the voice of the caller who called for ransom.
He further stated that the police did not call him or PW-1 when they took Rajesh
Yadav and Raja Yadav. PW-2 also said that when they questioned him. i.e.,
PW-2, on 28.03.2013 at about 5 or 6 in the evening, he told them everything
about who had called, etc. There is, again, total suppression by the prosecution
of this new twist in the tale and how it could possibly fit in with its version
projected before the Court.
36.
Lastly, Dr. Vivek Shrivastav (PW-7),
who conducted the
postmortem examination, stated that semi-digested food was found in the
stomach of the deceased and it would have been consumed less than six hours
prior to death. According to him, it could have been 30 minutes or
1 hour.
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