He was sentenced to undergo rigorous imprisonment for three years for the offence punishable under Section 201 read with Section 34 of IPC. According to the case of the prosecution, a memorandum of disclosure was made by the appellant, as a result of which the dead body could be exhumed. Rizwan present in the court came to my shop on a black coloured motor cycle along with Vidya Sagar who was a pillion rider. Rizwan took away his motor cycle along with Vidya Sagar.” 7. According to PW-6, the incident occurred at 04:00 p.m. He claimed that on 17 February 2004, he was at the site from 03:00 p.m.
Hari Chand Sharma, who was present according to PW-6 when the appellant and the deceased were last seen together, has not been examined as a witness. Instead of holding a test identification parade, PW-6 was called to the office of the Superintendent of Police, and the appellant was shown to him in the office. Hence, the first circumstance in the chain of circumstances has not been established.
