(1.) Learned counsel for the appellants has drawn attention of this Court to Sec. 9 of the Evidence Act, which reads as follows:-
(2.) Learned counsel for the appellant submits that the incident happened on 10/2/1996 at 11:30 AM and the prosecution examined 12 witnesses. Learned counsel further submits that out of 12 witnesses, PW-1 Charanjeet Kaur, PW-2 Vikram Singh, PW-7 Dharamveer, PW-8 Kuldeep Singh were turned hostile and thus, the testimony of the prosecution wavered.
(3.) Learned counsel for the appellants also submits that the identification was done first time in the court as recorded in the impugned judgment. Learned counsel further submits that in the complete story neither any specific name has been assigned in the FIR nor the injured witness/complainant have any definite motive attributed to the accused persons, so much so that even their identities not known to the injured witness.