13
28. At this stage, it is relevant to notice that there was an
unexplained delay in reporting the crime, as rightly pointed out by the
learned senior counsel for the appellants. PW-8 in her deposition has
stated that when she woke up in the morning, her room was locked
from outside. When she shouted from inside, wife of Tekram (Anita)
opened the door. This version is further corroborated by PW-10, Dan
Bai, who has stated that in the morning at about 3 a.m. on Monday
that Anita had opened the door of their house from outside.
The
children were inside the room. Amrika Bai, Kondi, Subhadra Bai and
Shri Bai were lying dead. Though, Anita had opened the door at about
3 a.m., it is unexplained why PW-8 did not inform anyone till 4 pm
and the same was also unreported by PW-10, even though the police
station was at a distance of some six kilometers.
This also raises
question about veracity of the statement of PW-8, Chandni.
29. The second circumstance relied upon by the prosecution is the
evidence of recovery. Under Section 27 of the Indian Evidence Act, it
is not the discovery of every fact that is admissible but the discovery of
relevant fact is alone admissible.
Relevancy is nothing but the
connection or the link between the facts discovered with the crime.
The recovery of the motorcycle is sought to be relied upon as a
circumstance against the appellants. There is nothing on record to
show that the motorcycle recovered at the instance of appellant No.1,
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