MANIK RAJ Vs. STATE OF U P

JUDGEMENT

(1.) VISHNU Sahai, J. Heard Counsel for the parties.

(2.) THE incident is alleged to have taken on 9-6-2001 at 11. 30 p. m. and the F. I. R. was lodged the next morning on 8. 00 a. m. ; the police station being situated three kilometres from the place of the incident. THE learned Counsel for the applicant urged that apart from the delay in lodging the F. I. R. , the averment in the F. I. R. is that applicant Manik Raj and co-accused Ram Bodh jointly assaulted the deceased with knife. He contended that since the post-mortem report shows that the deceased suffered a solitary incised wound during investigation the case was modulated in terms that Ram Bodh caught hold of the deceased and the applicant assaulted him with a knife.