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The factum of his being treated for gun-shot injury is proved by P. Witness also stated that he had seen the occurrence concealing behind the pillar of the building. Learned counsel next submitted that the dead bodies were not found at the place of occurrence as per the consistent prosecution case that the deceased Brij Bihari Prasad was ahead and all others were following him including his bodyguard. According to learned counsel examination of the then District Magistrate Rajbala Verma has also been withheld. It can be used to either contradict or corroborate the informant, on whose statement fardbeyan has been recorded. Both the witnesses denied having made case diary statements.

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Yadav, the scribe of the fardbeyan as also the first Investigating Officer of the case has not been examined by the prosecution and the explanation given by the second Investigating Officer P.

Apart from him, the witness recognized Accused No. State of RajasthanA.

They, however, have stated that guards were posted for the last two months at I. In this connection learned counsel has further submitted that the earliest information given to the Shastri Nagar Police Station which was incorporated in Station Diary of Nae Nagar Police Station has also been withheld by the prosecution.

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Similarly, the documents concerning the dead body of the bodyguard was also prepared but he did not put his signature on the Patna High Court CR. Yadav is already investigating the case. In the circumstances, they deserve acquittal. This is indicative of the fact that he has been under patronage, protection of the deceased Brij Bihari Prasad, his wife, Rama Devi P.


During this time in the hospital he never saw P. The appellants are, however, directed to execute bail bond in terms of Section A of the Cr. In this connection, counsel for the C. No Jail Register or Interview Slip has been produced to show that these two witnesses had come to Beur Jail days prior to the occurrence and had sought interview with Sanjay Singh.

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Cricket Amazing Moments Videos. Learned counsel for Accused No. The trial Court framed charges against the nine accused persons, who pleaded not guilty and claimed to be tried. In this connection, he submitted that learned counsel for the appellants have strenuously relied that there was delay in registration of First Information Report but at the same time have failed to show how delay in registration and dispatch of First Information Report caused prejudice to any of the accused persons.

All the ingredients of the offence under Section of the Penal Code are complete and such conviction should be maintained. It is also pointed out that none of the telephone print out in any way connects Accused No. In this connection, reliance has been placed on the judgement of the Supreme Court in the case of Sait Tarajee Khimchand and others vs. Learned Counsel for Accused No.


It is submitted that along with the photo copy of the format photo copy mmantu the hand written fardbeyan ought to have been annexed with the First Information Report drawn by the C. Evidence brought on record by the prosecutor during cross-examination by the hostile witnesses is required to be appreciated by this Court for appreciating the prosecution case.

Perusal of the report, dated Perusal of the contemporaneous documents i. They proceeded yards ahead where firing was resorted to. Statement of some persons is shown to have been recorded by the Investigating Officer thereafter.

He further stated that after the death of Brij Bihari Prasad on He further stated in the same paragraph that P. Shiv Balak Babu, who also accompanied the deceased, became injured.

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Learned counsel further referred to the evidence of injured Rabindra Bhagat P. Clear currently playing song. Bar Baurahawa Aashish SinghMantu. Yadav continued with the investigation gaj the case after In June, he served as Dy.

She further stated that it is not a fact that she has not rajj anything against Munna Shukla before the Investigating Officer of C. She has further said that Munna Shukla has not filed any case either against her or any of her family members.