The State Of Bihar & Ors vs Md.Nisar Alam & Ors on 11 April, 2012
All these
witnesses were cross examined by Learned Addl. PP for the State. They denied all
the suggestions put to them by the Learned Addl. PP. PW3 stated that he put his
signature on his statement on the direction of the police and the same was not read
State Vs. Mohd. Parvez Alam & Ors. SC No. 28 of 2011 14/16
Unique ID No. 02406R0179292011
over to him. Other circumstance alleged is recovery of knife from accused Pradeep
and one bag, allegedly hanging on the shoulder of accused Parvez Alam having
clothes, Novel and Rs.200/. As regards recovery of the knife, two witnesses have
been examined by prosecution namely Constable Kunal Sharma (PW16) &
Constable Rajender Singh (PW20). PW16 during the cross examination deposed
that public persons were present at the place, where secret informer had met them.
At the time, when accused persons were apprehended, there was no scuffle and the
accused persons did not attempted to flee away on seeing the police party. PW16
deposed that the knife, which was allegedly recovered was not used by the accused
persons. PW20 admitted that IO did not call the officials from the Airforce, which
was at a distance of 100 meters. PW20 deposed that site plan was prepared at the
place, where both the accused persons were apprehended, but when he was asked to
show the site plan. After seeing the record, he deposed that there was no such site
plan on record. PW20 testified that the alleged recovery was effected before
recording of disclosure statement of both accused persons and no crime team was
called at the spot to lift the finger prints from the alleged recovered knife.