thereafter strangulated. The
incident occurred at the matrimonial home and no alibi was pleaded and proved
by the appellants during trial that ... Such
circumstance has not been improbabilised by the defence by raising an alibi.
It is pertinent to note that any plea of alibi
submitted that the trial judge had illegally refused to accept the defence alibi
of appellant no.2 and had illegally convicted him. He accordingly, prayed ... case.
Appellant no. 2 examined four witnesses in order to establish his alibi
that he was performing kali puja at the relevant time at Manikchak
said lodge. It is trite law that any plea of alibi is to be proved
by the defence. Appellants have not led any evidence whatsoever ... improbabilise presence of appellant no. 1 at the place of occurrence. The alibi
pleaded by the appellants not only remains unproved but in my considered
room with the child at the time of incident and his alibi was
found to be untrue. Thereafter the appellant had absconded from the place ... Officer cannot be given undue importance
in the backdrop of the consistent alibi raised by the appellant in the course of
trial of the case
appellant has not led any evidence to establish an alibi at the time of occurrence.
In view of such fact, I am of the opinion
appellant had not been able to
probabilise his plea of alibi in the facts of the case. Extra-judicial confession made to his
in-laws
Patent inconsistency in the versions of these
witnesses with regard to the alibi of the said appellants exposes the hollowness
and falsity of such plea
embankment of a tank infront of the said apartment. No
alibi has been proved by appellant no.1 in the instant case. Accordingly,
the appeal ... conviction could not be founded on the
ground that the plea of alibi the accused had failed. In the present case
appellant
embankment of a tank infront of the said
apartment. No alibi has been proved by appellant no.1 in the instant
case. Accordingly, the appeal ... conviction could not be founded on the
ground that the plea of alibi the accused had failed. In the present case
appellant
appellant has not led any evidence to establish an alibi at the time of occurrence.
In view of such fact, I am of the opinion
