ISHTIYAQ Vs. STATE OF U.P

JUDGEMENT

(1.) COUNTER affidavit filed today is taken on record.

(2.) APPELLANTS Ishtiyaq, Israr and Kaluwa convicted and sentenced for the offences under Sections 302 read with Section 34 IPC vide judgment and order dated 30th November, 2010 passed by the Addl. Sessions Judge, Court No. 5, Ghaziabad in S.T. No. 905 of 1996, seek their release on bail.

(3.) LEARNED Counsel for the Appellants would submit that out of three eye -witnesses, P.W. -2 and P.W. -3 have turned hostile and have not supported the prosecution case. The only eye -witness Abid Ali (P.W. -1) in his cross examination admitted that he did not see Ishtiyaq and Israr firing at the deceased but stated that he saw the Appellant Kaluwa firing in the air. It was further submitted that there was no sufficient motive for the crime and the motive alleged was very inconsequential and could not have been the basis for causing the death of the deceased.