- (1.) BARKAT Ali Zaidi, J. In proceedings under Sections 307 and 506 of Indian Penal Code before the Chief Judicial Magistrate, Moradabad, the prosecution's allegation was that the applicant caught hold of Sonu alias Amit while the other accused Praveen alias Chintoo fired with country made pistol, in consequence whereof, accused Sonu alias Amit sustained gun shot injury at the back side of the neck. This incident is said to have taken place between the night 27/28-11-2004 at 12. 15 O'clock.
(2.) EVIDENCE produced before the Investigating Officer during investigation was that Praveen was arrested under Section 151 Cr. P. C. at Kanpur in the night of 27/28-11-2004, with regard to which entry No. 8 was made in the Roznamcha at 3. 30 p. m. and was produced before the City Magistrate during the day thereafter. Copy of the chick report of the offence committed by co-accused Praveen alias Chintoo has not been filed by the applicant and seems to have been deliberately withheld. The applicant should have filed all documents about his arrest and production before Court of co-accused Praveen, if he wanted to rely on the same. The Court will not accept such perfunctory evidence of alibi. The Investigating Officer seems to have accepted the plea of alibi without examining in depth all the surrounding circumstances. Whole story of a alibi needs much more through examination of ascertaining its veracity. The mere fact that an alibi of a co-accused has been accepted will not necessarily provide the ground for the release of the other co-accused, applicant much-less so in proceedings under Section 482 Cr. P. C. before this Court. It will be for the trial Court to examine after evidence has been led as to what the situation is.
(3.) THE contention of the applicant to exonerate him on the above basis cannot, therefore, be accepted. Petition dismissed. Petition dismissed. .;