The spot panchanama Exhibit-94 proves that towards southern side of the spot of incident there is a temple and house of one Deshmukh and 7 to 8 houses towards southern side of the spot of the incident and towards west of the spot there is Malapuri-Hirapur road and the incident had occurred in the day light when usually the villagers always remain present in their fields or proceed towards their fields. As per the evidence of PW1 and PW2 itself, it shows that many villagers were gathered at the spot of the incident besides the accused persons and some of the villagers brought the injured at Civil Hospital, Beed. However, the Investigating Officer has not recorded statement of any witnesses and no eye witnesses have been examined, the spot of incident is open and surrounded by houses. It is not the case of the prosecution that no independent eye witnesses were present at the spot when the incident occurred. Nonetheless, as per evidence of the PW1 & PW2 other villagers were present at the spot of incident but no independent witnesses are examined. Therefore, non examination of independent witnesses itself creates cloud of doubt about prosecution story.
{Para 18}
IN THE HIGH COURT OF BOMBAY (AURANGABAD BENCH)
Criminal Appeal No. 276 of 2020
Decided On: 02.03.2023
Sikandar Baig Amin Baig Vs. The State of Maharashtra and Ors.
Hon'ble Judges/Coram:
Vibha Kankanwadi and Y.G. Khobragade, JJ.
Author: Y.G. Khobragade, J.
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