41
28.10.2008 he was sure that the culprits were accused Hari Om and
his associates.
The version given by PW2 Ompal Singh is,
therefore, not free from doubt.
(III) The sample fingerprints of accused Hari Om did not match
with any of the fingerprints taken from the house of the deceased.
(IV) With the acquittal of all the accused in respect of offences
punishable under Section 412 IPC and under the Arms Act, there is
no other material pointing towards the involvement of accused Hari
Om.
28.
Thus, out of three features which could possibly be put against
accused Hari Om, the version given by the child witness being unworthy to
be relied upon, we are left with the evidence of recovery of a knife, and the
evidence of PW2 that he had spotted accused Hari Om near a red Tavera
vehicle in the neighbourhood. The prosecution did not attempt to prove that
the call received by Smt. Nirdosh Devi could be associated with accused
Hari Om. Secondly, the time given by PW2 Ompal Singh again did not
match with the time of the call received by Smt. Nirdosh Devi. Further, the
evidence of PW2 Ompal Singh also contains inherent inconsistencies. In
the premises, we do not find the material on record sufficient to record
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