course of investigation. The witness PW.2-Banti @ Babla in his cross-examination has stated that he did not submit any certificate under Section 65-B of the Indian Evidence Act. He has also stated that no mobile phone was submitted by him. Further, he has also stated that Police did not recover any Printer, DVR or other devices from his possession. It is also contended that statements of Dilip Kumar Bambola were not recorded and no certificate under Section 65-B of the Indian Evidence Act was obtained from Dilip Kumar Bambola and he has not been shown as witness in the list of witnesses cited by the prosecution in the charge-sheet. It is also contended that the incident occurred on 29.01.2021, whereas the FIR was lodged on 27.03.2021 and the accused-petitioner was arrested on 08.12.2022. It is alleged against the accused-petitioner that blood stained stone, which was used for causing murder of the deceased Kishan Chand @ Bhanwar Lal was recovered at the instance of the accusedpetitioner on 09.12.2022, the place of recovery of the stone was the same where the deceased’s dead body was found. The witness PW.2-Banti @ Babla, PW.3-Ganesh Thapa and PW.4-Ratan in their cross-examination have stated that the site plan was made on 30.01.2021 and the Police also recovered stone from the place of occurrence on the very same day. It is also contended that in the site plan made on 30.01.2021, no pole has been shown, whereas in the subsequent site plan the pole has been shown, and the place is the same which is mentioned in the site plan prepared on 30.01.2021. Apart from the above witnesses, there are no other substantive evidence available on the record indicating the role of accused-petitioner’s in the alleged crime. The accused-petitioner is
