TASLIM KHAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD the parties. Perused the lower court records. Mr. B.M. Tripathi, learned Senior counsel appearing for the appellants in Cr. Appeal No.1093 of 2010, submitted that as per paragraph-53 of the evidence of P.W.8-informant (wife of the deceased), her Devar-P.W.-9 was a literate person, then why her fardbeyan was written by the P.W.-5 -Sagir Khan; and that why fardbeyan was not recorded by the Police Officer; and that Sagir Khan-P.W.5 has said in paragraph-7 & 8 that there was enmity between him and the deceased on the one side and the accused persons on the other side; and that the appellants assaulted by which weapon or took part in what manner has not been described; and that in paragraph Nos. 62 and 63, the informant said that at the time of writing of the fardbeyan, her mental condition was not good and she gave the names of Mazhar Khan and Tanvir Khan by mistake. Therefore, the chances of false implication of the appellants by P.W.-5 cannot be ruled out and that they are in custody for more than three years. He further submitted that one of the main accused-Shahbaj Khan is absconding.

(2.) ON the other hand, Mr. Ravi Prakash, learned counsel appearing for the State submitted that there may be several reasons for which the Fardbeyan was recorded by P.W.-5, but two witnesses have endorsed the fardbeyan; and that about 8 incised injuries were found on the person of the deceased; and that the allegations against the appellants is that they inflicted injuries on the deceased by sharp cutting weapons in their hands. He further submitted that P.W.-5 has not said that only he had enmity between him and the accused persons rather he along with the deceased and others were on the one side and the accused were on the other side with regards to the certain dispute and that the enmity cuts both ways. He further submitted that P.W.-8 who is the eye witnesses is consistent in her deposition and moreover, the case has been fully proved by the prosecution. He further submitted that the appellants have also taken active part in the crime.