produced in defense raising for the first time the plea of alibi, which does not find place in the trial of other accused persons. There ... their statements under Section 313 Cr.P.C. This plea of alibi has been raised at a belated stage. This fact was never mentioned
further submitted that the appellant Sunil had taken
the plea of alibi that on the day of the incident, he along with his
father ... Kush Aggarwal was examined as defence witness to establish the alibi
of accused Anil that on the day of incident, appellant Anil was present
with
evidence of DW8 and DW9 in respect of the plea of alibi set up by the
appellants No.1 and 2 Ranbir Singh and Ranjit ... connected appeals -23-
position that though the burden of proof of alibi is on the accused persons,
the same also deserves to be appreciated
further submitted that the appellant Sunil had taken
the plea of alibi that on the day of the incident, he along with his
father ... Kush Aggarwal was examined as defence witness to establish the alibi
of accused Anil that on the day of incident, appellant Anil was present
with
further submitted that the appellant Sunil had taken
the plea of alibi that on the day of the incident, he along with his
father ... Kush Aggarwal was examined as defence witness to establish the alibi
of accused Anil that on the day of incident, appellant Anil was present
with
only circumstance that points to the guilt
of the Appellant.
Plea of alibi not proved
23. Another factor that provides an additional link ... failure by the Appellant to make good his plea of alibi.
Crl. A. 182/2002 Page 11 of 25
It is seen that under
also having an alias
name as Venu and the plea of alibi put-forth by him, were all matters of facts
which have ... established during trial. Plea of alibi is concerned, as per
Section 103 of Indian Evidence Act, the burden heavily rests on the proposed
accused
denied the case of the
prosecution. He has taken the plea of alibi. The appellant
was convicted and sentenced, as noticed hereinabove.
Hence, the present ... village and told
Bhagwat about the incident.
18. The plea of alibi has been taken by the appellant.
According to him, he was at Chauras
alleged
offence. As such, their evidence of proving the stand of
alibi taken by them has not been considered properly by
the Sessions Court ... plea of alibi examined 17 witnesses
from DW.1 to DW.17 and got marked exhibits D1 to D7.
No defence evidence was lead
further submitted that the appellant Sunil had taken
the plea of alibi that on the day of the incident, he along with his
father ... Kush Aggarwal was examined as defence witness to establish the alibi
of accused Anil that on the day of incident, appellant Anil was present
with
