40 the evidence in that behalf, by itself may not be enough to sustain the finding of guilt. It will be one of the factors to be taken into account in the ultimate analysis. (II) Accused Hari Om was seen in the neighbourhood, or near the house of Smt. Nirdosh Devi next to a red Tavera vehicle by PW2 Ompal Singh and one Ram Prakash. During investigation, statement of one Raju, owner of the house where accused Hari Om resided, was also recorded. Ram Prakash and Raju were not examined during trial and, as such, apart from the statement of PW2 Ompal Singh, we do not have any material to support the version that accused Hari Om was either in the neighbourhood of Smt. Nirdosh Devi, or was moving about in a red Tavera vehicle on 28.10.2008. If the names of accused Hari Om and his associates were not known as suspects to the police on 28.10.2008, which is the case of the prosecution, the link in that behalf has to be either through PW2 Ompal Singh or through Ram Prakash or Raju. When latter two were not examined at all, we have to rely only on the testimony of PW2 Ompal Singh. His cross-examination reveals that he made no attempts to talk to the police on 28.10.2008, though he asserted in his examination-in-chief that in the morning of