consequence. Apart from that the High Court found presence of
PW3 to be highly improbable. It noticed that there was no sign of dragging ... depose.
But the High Court has found that the presence of PW.3 at the spot is highly
improbable in view of certain aspects highlighted
take a different view from the aforesaid
findings
recorded
by the
High
Court.
The
specific
stand of
the
Railway and also of the departmental authority ... train
which was not accepted by the High Court holding the same to be
highly improbable as she had voluntarily paid the charges after
stating
cogent and credible
and recorded conviction. In appeal, High Court upheld their
conviction.
3
4. In support of the appeal learned counsel for the appellant ... cannot be believed. Their
presence at the spot is highly improbable. The conspiracy angle as
projected by the prosecution having been disbelieved that defence
version
that the role ascribed to the
appellant in the incident was highly improbable and unreliable in as much
as while holding Jasbir Singh alias Tota
dark night was highly
improbable and doubtful. No evidence much less
reliable evidence of burning lantern and light from
the electric bulb was produced ... statement of A-1 prepared.
6. The High Court, in appeal, however, formed
entirely different opinion. The High Court principally
recorded the following reasons
majority view was that although such
power was available to the High Court under Article
226 of the Constitution, the same should be
exercised ... likelihood of the trial being
concluded at an early date was highly improbable.
13. It was also submitted that the appellant, along
with several others
third contention of Mr. Sodhi viz.,
that it is highly improbable that Jaspal Singh (A-
18
1) would have gone to this witness alongwith
Criminal Appeal No. 533 of
1998 in the High Court of Karnataka at Bangalore. The High Court by
its impugned judgment and order dated ... deceased was
burnt, the possibility of her putting LTI was highly improbable.
7. It was contended that the dying declaration although was a recorded
dying
guilty of
offence punishable under Sections 302 and 498(A) IPC.
The High Court found that the analysis made by the trial court was erroneous ... disbelieved as he was nearly 70
years of age. It was highly improbable that he was in employment as a watchman. The trial court
last
seen theory cannot be applied in the present case. The High
Court found that the evidence of PWs 4, 5, 7 & 8 clearly ... since accused persons were inimically
deposed towards the deceased, it is highly improbable that he
would have gone out in their company.
7. Learned counsel
