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Judgment 504 apeal626.19 eyewitnesses. There is a delay in recording statements of eyewitnesses and the said delay is not explained. In view of that, the entire case of the prosecution becomes doubtful.

13. Per contra, learned Additional Public Prosecutor for the State supported the judgment impugned and invited our attention towards the evidence of wife of the deceased PW1 Vaishali Ramteke, daughter of the deceased PW2 Priyanka Ramteke, and PW4 Abhay Ramteke and submitted that they are natural witnesses. The alleged incident took place at a distance of 5 feet from the house of the deceased and, therefore, their presence at the spot is natural one and contention, that there is no opportunity for them to witness the incident, is not probable. In fact, by hearing shouts, neighbours also came there. The stray admission of wife of the deceased PW1 Vaishali Ramteke is not sufficient to .....11/-

18. Thus, the testimony of the medical witness is important and it can be safely accepted.

19. The entire case of the prosecution is rested on the evidence of four eyewitnesses i.e. wife of the deceased PW1 Vaishali Ramteke, daughter of the deceased PW2 Priyanka Ramteke, independent eyewitness PW3 Shubhangi Dongre, and son of the deceased PW4 Abhay Ramteke.

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Judgment 504 apeal626.19

Judgment 504 apeal626.19 accused Suraj in BN-4280/2015 are identical and from one and same source of male origin and matched with DNA profile obtained from blood sample of accused Suraj in BN-4083/2015. Thus, this report sufficiently shows that blood stains of Blood Group of the deceased are found on the clothes of accused Vishwas as well as accused Suraj.

32. After appreciating the evidence on record, the entire case, admittedly, rested on the direct evidence of wife of the deceased PW1 Vaishali Ramteke, daughter of the deceased PW2 Priyanka Ramteke, independent eyewitness PW3 Shubhangi Dongre, and PW4 Abhay Ramteke. Admittedly, in the evidence of PW1 Vaishali Ramteke some omissions are brought on record. However, the omissions would not affect the entire prosecution case.

Judgment 504 apeal626.19 he had some animus with the accused or for some other reason.

39. Testing on the anvil and touchstone on the aforesaid principles laid down by the Hon'ble Apex Court, we find that witnesses wife of the deceased PW1 Vaishali Ramteke, daughter of the deceased PW2 Priyanka Ramteke, and PW4 Abhay Ramteke, who are close relatives of the deceased, have really not embellished their versions. Their presence at the spot of the incident is also natural as the alleged incident has taken place at the distance of 5 feet from their houses and there is nothing on record to doubt their versions on material particulars.