State Of Bihar, Etc vs Kapil Singh, Etc on 18 April, 1968
10 Furthermore, in the present case, material witnesses have not
been examined despite ample opportunities having been granted to the
Case No. 81/2/00 State Vs. Kapil Etc. 7/9
Prosecution and in such eventuality, it is not clear as to whether the
proceedings, as alleged, have ever been conducted or not. In such
circumstances, investigation carried out comes under a big question.
11 So far as the testimonies of other witnesses i.e., PW2 to PW6
are concerned, the same are formal in nature as their role came into
picture after the incident. Furthermore, they have shown several other
discrepancies and contradictions in the case of the prosecution and
have raised further doubt regarding correctness of the same.
Testimonies of different witnesses are not complete harmony with
each other and there are several diversions amongst them. It is clear
from the evidence of the different witnesses that a proper chain of
incidents has not been maintained in a reliable manner qua material
aspects of the case property and it creates doubts as to whether these
witnesses were present on the spot or not.