aforesaid fact nor the said FIR, charge sheet etc. has been proved by the prosecution, even no recovery of such document has been made by the investigating officer. Therefore, only on the basis of story narrated by the prosecution, without proving the aforesaid facts, by adducing evidence, aforesaid facts cannot be held proved, therefore, alleged motive of the appellant cannot be held proved. Thus, aforesaid circumstance ‘d’ is not turned to be proved. 39 . In the instant case, the appellant and the deceased had left the hotel of Shanti Bai in the night of 18.5.2019, dead body of Rameshwari was found on 19.5.2019, thereafter the appellant was arrested on 30.8.2019. Based on the above facts, it was contended by learned counsel for the State that after the commission of crime, the appellant had absconded. To substantiate the aforesaid facts, nothing has been brought on evidence to show that after 18.5.2019, the appellant has absconded and even the investigating officer has not proved the fact as to how many times he had gone in search of the appellant in his native place or residential place. Therefore, it cannot be held that the appellant had absconded and could not be found.
