5. The petitioner is named in the FIR. A specific role has been attributed to him. The injury attributed to the petitioner was duly supported by Medicolegal Certificate. The injuries No.3 & 4 were ascribed to the petitioner, which fall under Section 336 PPC. The opinions of Investigating Officers have vanished when eye-witnesses as well as injured witness stand by their statements under Section 161 Cr.P.C. It is also an admitted fact that the petitioner took specific plea of alibi which has not seen light of day during both investigations. In view of statements of eye-witnesses and injured witness, active participation of the petitioner in the occurrence prima facie is made out. The medical report reflects that right ulnar nerve in the forearm was damaged and injuries No.3 & 4 were declared falling under Section 336 PPC. It was a heinous offence Itlaf-eSalahiyyat-i-udu for which the petitioner was charged. Already three prosecution witnesses were recorded but they have not been crossexamined by the defence. The trial is likely to conclude shortly.
Part of Judgment
9473-B-15
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