Mohammed Khudarathulla vs Mohammed Shareef Alias Ansar on 9 September, 2024
The best witnesses would be immediate
neighbours to speak about the theft however the PW6
did not make any attempt to call the local inhabitants
for the spot mahazar for the alleged theft taken place
in the house of PW1 between 19/03/2017 till
01/04/2017 as the boundaries of house of PW1 is
bounded on the East by the shop of Rayathiv dress
Materials, West by Mubark Mohalla Masid, North by
No. 5 belongs to HBS Mubark store and South by
house No. 9 belongs to Nayaz Ahamed . It has been
held in the case of Pradeep Narayana Vs State of
Maharastra reported in AIR 1995 Supreme Court
1930 wherein it was held that failure of police to join
witness from locality during search creates doubt
about fairness of the investigation, benefit of which
has to go to the accused.