GULBAHAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) HEARD , Sri S.K. Agarwal, learned Senior Advocate assisted by Sri Tapan Singh, Advocate for the Appellants, Sri Nandan Arya, learned A.G.A. for the State on the bail applications and perused the record.

(2.) ON the basis of the assessment of record, it is gathered at this stage that it was Gulbahar and Kamil who fired at Aehsan on account of which he sustained injuries and ultimately he died.

(3.) AS far as the case of accused/appellant Kamil is concerned, we have perused the statement of Riyasat (P.W.2) and Irshad (P.W.9). Riyasat (P.W.2) has stated that although Kamil also fired at Aehsan but he cannot say whether the fire shot by Kamil actually hit him or not. While Irshad (P.W.9) has stated that Kamil also fired at Aehsan but it did not hit him.