other
material on record, rejected the defence contentions, including the plea of alibi
of the appellant Manjit Singh, in the following ... Manjit
Singh. There is no reliable evidence to accept the plea of
alibi raised by Manjit Singh. We have thus no hesitation in
upholding conviction
number of assailants.
Some of the appellants have putforth the plea of alibi.
The appellants who resorted to the plea of Alibi in this
case ... appellants examined official and non-official
witnesses to prove the plea of alibi; the Public Prosecutor
in the trial court had mounted a severe onslaught
animosity persisting between the parties. Three of
the accused persons pleaded alibi to improbabilise their physical
presence at the site of occurrence ... application of the said provision
have not been established. The plea of alibi has been accepted in
respect of two accused persons. Though, appellant Mahendra
judgment of the
High Court in not accepting the plea of alibi advanced by the accused which
had a solid foundation, for the fateful ... faulted in placing reliance on it. Pertaining to the plea of
alibi, learned counsel would submit that the said plea has not been
established
three
witnesses, who were primarily produced to establish the plea of alibi,
affirming that the accused were not present in the house, when the incident ... exact
cause of her death. Unfortunately, except barely taking the plea of alibi,
accused persons chose not to bring the truth before the Court
well as the High Court wrongly
9
disbelieved the plea of alibi of the appellant. He was
not in the house when the stone fell ... learnt about
the accidental death of his wife. The plea of alibi has
been disbelieved by the trial court.
13
16. The trial court
matter is that if an accused wants to
establish his plea of alibi, then he has to prove that he could not have
15
reached ... held that the appellant has failed to prove his plea of alibi.
Appellants Raghvendra Singh Chauhan and Ajju @ Ajay
44. Navneet Bhasin
because
they were afraid of the accused. One of the accused pleaded
alibi and examined defence witnesses, but that evidence did
not rule ... High Court did not give a specific finding on the
plea of alibi of the concerned accused. [337D-E]
(b) It did not consider whether
consideration and discussion relate to the
value of the testimony of alibi witnesses and the severability of a dying
declaration.
2. In the present appeals ... opinion that the testimony of
the alibi witnesses of two of the four appellants deserves acceptance and
the dying declaration so closely concerns all four
application for
anticipatory bail moved on 10.7.1989 the accused-appellant pleaded alibi in
support of his prayer for anticipatory bail.
Babulal PW-9, the investigating ... little longer time.
The High Court took into consideration the plea of alibi taken by the
accused-appellant and formed an opinion that the plea
