(Per : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI) Heard learned advocate Mr. GP Baghel for the appellants. The present appeal is filed against the judgment and order dated 21.1.2012 passed by the learned Addl. Sessions Judge, at Vyara in Sessions Case No. 32/2009.
Learned advocate for the appellants invited attention of the Court to the evidence of PW-3 Ex. 28, the evidence of PW-4 Exh. 33 and the evidence of Executive Magistrate PW-19 Exh.63. To support the contention that the prosecution was not able to put forward the motive for the offence also and not able HC-NIC Page 1 of 2 Created On Thu Apr 28 03:00:14 IST 2016 CR.A/345/2012 2/2 ORDER to establish enmity between the present appellants and the victim, and that there was no sufficient light to identify the accused. Learned advocate for the appellants tried to convince this Court that Test Identification Parade was not reliable and the same was defective, and therefore, identity of the accused cannot be said to have been established beyond reasonable doubt and the conviction recorded cannot sustain. The matter requires consideration.
Hence, Admit. Mr. Pujari learned APP waives service of notice of admission.
[RAVI R. TRIPATHI, J.] [PARESH UPADHYAY, J.] mandora/ HC-NIC Page 2 of 2 Created On Thu Apr 28 03:00:14 IST 2016