Therefore, the prosecution's case about the existence of motive has to be discarded. In paragraph 3 of his examination-in-chief, PW-3 also stated that one Ramprakash Tiwari wrote the report of the incident. As stated earlier, the said Ramprakash Tiwari has not been examined. 13. In the cross-examination, PW-3 stated that the accused killed his brother a few steps away from his shop, and he was in his shop when the assault was committed. He claimed that his mother (PW-1), sister-in-law (Malti Bai), and other witnesses were present. The statement that Malti Bai was present is an omission, as is evident from paragraph 6 of his cross-examination. Moreover, the shop from which the witness had allegedly seen the assault is not shown to be in existence in the sketch of the scene of the offence drawn by the Police. PW-3 admitted that he had not shown his shop to the Police. Later, he stated that he did not see the incident from his shop. Therefore, PW-3's evidence is full of material