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The prosecution has failed to examine independent witnesses as to the first part of the incident that occurred on the

250.Cri.Apeal.599.2018.jud.+14.odt highway. Failure to examine an independent witnesses, who in the ordinary circumstances would have been easily available, is fatal to the case of the prosecution. The manner of the occurrence stated by all the witnesses creates a doubt about the occurrence of the incident, as narrated by them. Perusal of the evidence would show that these witnesses have suppressed the actual incident that had occurred and the place of the occurrence of the incident. There was a Global Positioning System (for short 'the GPS') installed in the vehicle. But it was not seized. Failure on this count is an attempt to suppress the genesis of the incident. The important witness, who had helped the occupants of the cash van to come out of the van in the forest, has not been examined. There are material inconsistencies and discrepancies in the evidence of the material witnesses, which creates a doubt about the occurrence of the incident. The first information report is ante-time to suppress the material facts. The facts recorded in the spot panchanama