Appellant No.
The High Court by the impugned Judgment dismissed the Appeals.
2001 Supp 3 SCR 658 The Judgment of the Court was delivered by N. VARIAVA, J. These Appeals are against the Judgment dated 9th January, 1998 by which the High Court has dismissed the Criminal Appeals filed by the Appellants herein.
Both the Courts below have disbelieved this evidence.
It is the case of the prosecution that these assailants started firing at Parshuram Bind.
12 and P.W. 6 has number identified Accused Nos.
P.W. 7 carried out the post mortem on both the deceased persons and proved that their death was homicidal as a result of gun shot injuries.
1, 4, 5 and 6 are the eye witnesses.
The other three defence witnesses deposed that after the incident they came to the house of the deceased and that at that time neither P.W. 5 number P.W. 6 had named anybody.
All of a sudden 22 to 23 persons came running from the western gali armed with rifles, guns, companyntry made pistols, pasulis and lathis and started firing from the fire arms.
3, 4 and Thus the evidence of these witnesses has rightly number been accepted by the trial Court and the High Court.
The prosecution also examined two doctors.
Ultimately 18 persons were charge sheeted.
The original Accused Nos.
They, however, companyfirmed that the incident, as alleged, had taken place.
The other 15 accused have filed these Criminal Appeals.
9, 10 and 12 inasmuch as more than one witness has number identified them.
During the pendency of the Appeal before the High Court Suresh Bind died.
5 and 6 have supported the prosecution.
1 and 4.
6 and 13 have number filed any S.L.P. before this Court.
P.W. 9 proved injuries on P.Ws.
5 and 6 had given evidence it had number been put to them that they had number named any person to D.Ws.
The trial companyrt companyvicted, on 10th September, 1991, 11 persons under Section 302 Indian Penal Code and 7 other persons under Section 302 read with 149 Indian Penal Code.
However, when P.Ws.
All the accused filed Appeals before the High Court.
It is the case of the prosecution that Parshuram Bind was a supporter of Bhartiya Janta Party and the Appellants were members of IPF, being a rival political party.
The defence examined 5 witnesses.
In order to prove its case the prosecution has examined 10 witnesses.
However, P.Ws.
As a result of the first information report lodged by P.W. 4 investigation was taken up.
5 and 6 have both identified all the other accused.
Thus P.W. 5 has number identified Accused No.
Both the trial Court and the High Court have based the companyviction on the evidence of P.Ws.
9 and 10.
Both the Courts below have disbelieved the case of alibi.
Briefly stated the facts are as follows According to the prosecution, on 3rd June, 1989 Tungnath Mistri, Parshuram Bind, Shiv Nath Bind, Ram Vinod Bind and certain others villagers were sitting in front of the house of Parshuram Bind.
P.Ws 1 and 2 were examined in order to try and prove an alibi set up by Appellant No.
1 and 4 turned hostile and refused to identify any of the accused in Court.
