JUDGEMENT
GOPAL KRISHAN VYAS,J. -
(1.) Heard learned counsel for the parties.
(2.) Learned counsel for the accused applicants submits that during trial applicants Bashir, Ali and Abdul Gaffar were on bail
and in the statement of eye witness PW--2 Babu Ram there is no
specific allegation against them for inflicting any particular injury.
Further, it is submitted that from accused applicants Ali and Abdul
Gaffar Lathis were recovered and there is no specific allegation
for inflicting injury by Lathis against them. It is also submitted
that although there is allegation for inflicting injury by Farsi, which
is a sharp edged weapon by the accused applicant Bashir, but
testimony of PW--2 Babu Ram is required to be disbelieved
because he was not present at the time of occurrence took place.
(3.) Learned Public Prosecutor as well as learned counsel for the complainant submits that it is a case in which all the accused
persons lashed with sharp edged weapon Farsi and Lathis caused
grievous injuries to the deceased Aamdeen which resulted into the
death. It is also submitted that prosecution has proved its case
beyond reasonable doubt, therefore, accused applicants are not
entitled to be released on bail.;
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