- (1.) Instant application for suspension of sentence has been filed by the accused appellants Shakila Bano W/o Liyakat Ali and Abid Ali S/o Ummed Khan.
(2.) We have heard Counsel for the accused appellants, Public Prosecutor and Counsel for the complainant.
(3.) Counsel for accused appellants submits that on a written complaint (Ex.P-3) dated 15.1.2010 made at 8.00 A.M., F.I.R. (Ex.P-71) was registered on the same day at 2.30 P.M. at the behest of real brother of deceased Banwari Lal, whose statement was recorded as PW-3 and who alone was considered to be the star witness of alleged incident. According to the case of prosecution, the deceased Jai Singh was called on mobile by Liyakat Ali along with Shaukat Ali and he accompanied him on their request, and came to their residential house to have some discussions with regard to ensuing panchayat elections and accused appellants were present at their own residence and leaving deceased, he left for his home. However, recovery of slippers and mobile of the deceased has been shown to be recovered from accused appellant Shakila Bano and sword from accused appellant Abid Ali and even as per the case of prosecution, PW-3 Banwari Lal left deceased Jai Singh at their residence and was not the eyewitness of the alleged incident except the fact that deceased along with PW-3 Banwari Lal came to their house at the request of Liyakat Ali and accused appellant Shaukat Ali. Counsel submits that as regards presence of accused appellants at their residence that was obvious and natural and it is not the case of prosecution that any conspiracy was hatched to which present accused appellants are members when the deceased was called at their house and as regards recovery is concerned, Counsel submits that since there were no other members named by PW-3 Banwari Lal at the residence, recovery has been shown from each of them but there is no eye witness of the alleged incident and injuries from the sword on the body of deceased, even from the F.S.L. report, it could not be attributed to the accused appellant Abid Ali and to connect him with the commission of crime except his presence which was noticed by PW-3 Banwari Lal at his own residence, no material came on record.;