BIRMATI ALIAS BRAHMI Vs. STATE

JUDGEMENT

(1.) THE petitioner birmati @ Brahmi is facing trial for offences under Section 302/120-B/34 IPC and under section 25/27 Arms Act.

(2.) IT is submitted by learned counsel for the petitioner that the first and second bail applications of the petitioner were dismissed on April 26,2007 and November 28,2007 as till then, charges had not been framed against the petitioners. Charges have since been framed against the petitioner along with other accused persons. The petitioner is in custody since January 17,2006.

(3.) ON merits, it is submitted that the case against the petitioners is based on the state-ments of two witnesses one of whom claimed that he overheard the petitioner telling the other accused persons to set right the deceased and as per the other, petitioner came to his house and made extra judicial confession to the effect that she had caused injuries to the deceased. These two witnesses are yet to be examined. It is contended by learned counsel for the petitioner that assuming these witnesses depose as per their statements recorded by the police, yet their evidence testimonies would constitute a very weak type of evidence on which conviction cannot be based.