Document Fragment View

Matching Fragments

36. The learned counsel also submitted that Suresh (PW3) has stated in his evidence that the spot panchanama was at plot no. 73, Swagat Nagar. According to them, the spot of incident was plot no. 73, Swagat Nagar. According to them the prosecution case is that everything has happened on plot no. 130 but the evidence of Suresh shows that he visited the spot of incident which was plot no.73. The Court is not accepting this particular submission since contemporaneous document Exh.-26 spot panchanam shows that the instigating officer PI Mamta Nandagavli called pancha at plot no.130, Swagat Nagar. Further, Exh. 127 also shows plot no. 130, Swagat Nagar. Therefore, merely because a wrong plot number is given by Suresh Bhamkar, one should not tend to accept the submission of the learned counsel for the appellant that the prosecution case needs to be rejected.