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The absence of Lathi blow on the head of the deceased both in the inquest report as well as in post mortem examination report will not nullify the ocular testimony of PW-1 that Lathi blow was not given. In more or less similar matter, where Lathi blow was not found, where blow was stated to have been given the Hon. Apex Court in the matter of Sadhu Saran Singh Vs. State of U.P. and others 2016(2) JIC 172 has held that non mention of such blow would not prejudice the prosecution case if ocular testimony of the occurrence is found to be cogent and consistent.

Again on page 33 of the paper-book, this witness (PW-2) has stated that the dead body was taken in a rickshaw upto Naktiya and from there, it was conveyed in a Jeep, but there is no such whisper like carrying the dead body in any rickshaw, either in the first information report or in the ocular testimony of Bholey Shanker PW-1. Theory of carrying away dead body of the deceased in Rickshaw, is totally unknown to the first informant and that part of the story has been concealed. It smells of something fishy and beacons of embellishment.