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3. Now, if coming to the factual matrix, the prosecution case as per report filed under Section 173 Cr.P.C is that on 20.11.2014 PW-7 Inspector Tenzin accompanied by HHC Joginder Singh, HHC Nanak Chand and Constable Davinder Prasad (PW-5) left SIU, Kullu for patrolling towards Bhunter side at 2.30 p.m. Rapat No. 5 (Ext. PW-9/A) was entered in this regard in the rojnamcha.
The police party had gone up to a place known as 'Shondhadhar'. On its way back, when reached at Kamand-dhar about 5.30 p.m., the accused was spotted coming on foot from Diyar side at about 5.55 p.m. He was carrying a bag with him. The police party stopped the vehicle there and apprehended the accused. On inquiry, the accused disclosed his name and other antecedents to the police. He got frightened. PW-7 Tenzin, the I.O. of this case had asked the accused about the contents of the bag which was having inscription 'Prem' on it. He revealed that there were potatoes in the bag. The I.O. further asked him as to why he got frightened on seeing the police, the accused failed to give satisfactory answer. This has raised .
22. Now if coming to the case in hand, PW-5 and PW-7 both are police officials, hence official witnesses.
Whether their testimony inspire confidence and could have been relied upon to record the findings of conviction against the accused need reappraisal of the statement made by them while in the witness box. They both are categoric and have stated in one voice that police party left the office of SIU, Kullu on 20.11.2014 at 2.30 p.m. Rapat in daily diary entered in this behalf is Ext. PW-9/A. PW-7 who was posted as Incharge, SIU Kullu at that time accompanied by HHC Joginder Singh, HHC Nanak Chand and Constable Davinder Prasad (Pw-5) proceeded to .
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25. The close scrutiny of the statements of PW-5 and PW-7 lead to the only conclusion that the same is consistent without any contradiction and improvement.
There is thus no reason to disbelieve the same nor non-
joining of some independent persons as a witness is fatal to the prosecution case.
26. Now if their statement in cross-examination is seen, they both have categorically stated that the police party left SIU, Kullu at 2.30 p.m. According to PW-5, they reached at Diar around 4.30 p.m, whereas, as per that of the I.O. PW-7 they reached at Bhunter around 3.00 p.m and it took about 45 minutes to them to reach at Bhunter.
PW-6/A. Nothing is in their cross-examination also to discredit the case of the prosecution. LC Urmila Devi PW-8 has proved the rapat rojnamcha Ext. PW-8/A, which supports the prosecution case that police party returned to the Police Station, Bhunter at 9.40 p.m. Similarly, PW-9 Constable Vijay Kumar has proved the rapat rojnamcha Ext. PW-9/A, which reveals that police party had left SIU office, Kullu at 2.30 p.m for patrolling and collecting information towards Bhunter side.