Vijay Kumar Verma - (1.) A.G.A. has filed counter-affidavit, which is taken on record.
(2.) HEARD Sri A. P. Misra, advocate appearing for the applicant and A.G.A. for the State. The allegations made in the F.I.R. lodged on 28.8.2008 by Aslam at P.S. Baraut, district Baghpat at Case Crime No. 812 of 2008, in brief, are that on catching hold the deceased Pappan by accused Firoz (applicant herein), the accused Sohail alias Raja poured acid on her in the intervening night of 26/27.8.2008, due to which she sustained injuries and died on 15.9.2008 in the hospital. One child Rahil (nephew of deceased) is also said to have sustained acid injuries. The first and foremost submission made by the learned counsel is that story of catching hold the deceased and then pouring acid on her is false and concocted, because there was no need for catching hold the deceased and acid could be poured on her without catching hold her and with a view to falsely implicate the applicant, the story of catching hold the deceased by the applicant has been concocted.
(3.) NEXT submission made by learned counsel is that there was no motive at all for the applicant to take part in the incident and motive was only to co-accused Sohail alias Raja, as he wanted to have illicit affairs with the deceased, whose husband had died and since the deceased was not ready to have illicit affairs with her dewar Sohail alias Raja (co-accused) hence he might have poured acid on the deceased. It is also submitted that the applicant did not sustain any injury at the time of pouring acid on the deceased, although one child is said to have sustained injuries and hence on this ground also, the complicity of the applicant in the alleged incident becomes doubtful.;