When this matter was called out, we immediately confronted the learned Additional Public Prosecutor inviting his attention to para 55 of the judgment wherein reeasons for acquittal are given for acqutting the respondents-original accused Nos. 5 and 7. To this the learned Additional Public Prosecutor submittede that atleast there was evidence of Abhay Sharma who had named these two accused persons as the members of the crowd at the time of the incident.
In our opinion, as the evidence of Abhay Sharma standing by itself is not sufficient because it is not pointed out that his statement came to be recorded on the very day. Not only that but there is no other witness who has referred to the presence of these two accused persons. Even the FIR does not disclose the names. In this view of the matter, there is nothing on the basis of which this acquittal appeal could be admitted. Hence it is dismissed.
23-9-96(K.J.Vaidya,J.) (K.R.Vyas,J.)