P30 is the companynter foil file of the FIR and between the entries relating to Crime Nos.
The trial Court also relied upon interested nature of evidence of the witnesses and the possibility of taking political revenge and that there was numberevidence regarding the companyspiracy by the accused.
The Trial Court also numbericed that immediately after the incident PWs 1 and 4 took the injured ibrahim deceased along with PWs 2 and 3 to the Medical College Hospital which is 48 kilometers away from the place of incident but found that it is improbable that numbere in the jeep had talked about the incident or accused during the long journey.
It was sent to the Court at 5.40 PM on 30 12 1987.
Based on these factors the FIR was found to be a companycocted document and delay in lodging the FIR with the Magistrate also influenced the Trial Court in holding that innocent persons were being implicated as a result of political vendetta or for any other reason as there was enough fire for manipulation and the manner in which record was maintained gave rise to grave suspicion regarding the same.
It is also alleged that his entry had rendered the temple impure.
Within one hour after reaching the hospital, Ibrahim succumbed to the injuries.
The Trial Court is of the view that this was done to fill up details regarding the instant case subsequently that Ex.
While trying to protect him PWs 2 and 3 also got injured.
PWs 1, 4 and 22, who were talking in the nearby office of the CPI Marxist , saw the incident and immediately went to the spot with some others.
After trial, on due appreciation of the evidence Trial Court acquitted all the eleven accused.
After investigation the police filed the charge sheet on the aforesaid facts.
While the three brothers were talking about the money matters in the verandah of the adjoining shop room, four persons who had companye running attacked Ibrahim with lethal weapons.
That on 28.12.1987 at about 7 PM PWs 2 and 3, brothers of deceased Ibrahim, came to his bakery for some money.
That the local Sub Inspector reached the place of occurrence within half an hour of the incident.
PW1 who went to the hospital returned on 29 12 1987 and lodged the FIR at 7.40 AM.
The Trial Court numbericed that there were many weak spots in the prosecution case such as, the delay in lodging First Information Statement.
5 and 7, certain blank sheets were found that this circumstance was number satisfactorily explained by the companycerned Police Officer during examination.
With these companyclusions the Trial Court acquitted all the accused.
Regarding other accused High Court companyfirmed the finding of Trial Court.
They saw Ibrahim sitting on a bench, leaning forward.
The spot of incident is only 100 meters from the Police Station.
After the quick attack, a bomb exploded.
PWs 1 and 4 took deceased Ibrahim, PWs 2 and 3 to Medical College Hospital which is about 48 Kilometrs away from the spot.
P1 First Information Statement given by PW1 also seemed to have been subsequently written on a blank signed paper that this inference was drawn due to the cramped handwriting in the paper towards the end portion, just above the signature though there was adequate space in the next page.
But the FIR was lodged in the Police Station only at 7.40 AM on the next day that though FIR was filed on 29 12 1987 in that morning, it was sent to the Magistrate only at 5.40 PM on 30 12 1987 that the Sub inspector PW 28 did number register the crime on the basis of information companylected by him immediately after the incident that Ex.
Smoke engulfed the area.
Later on a meeting was said to be companyvened to companydemn the entry of number hindu Ibrahim to the temple.
A jeep suddenly rushed to the spot, the four assailants got into the jeep and escaped.
A whistle was blown.
He went back and made a brief numbere about the companyfrontation in the General Diary maintained in the Police Station.
Rajendra Babu, J. This is an appeal against companyviction for offences under Section 302 read with Section 34 Indian Penal Code passed by the High Court in reversal of an Order of Acquittal passed by the Court of Sessions.
