State vs . (1). Dadan Parsad on 20 December, 2014
In support of his submissions, he
also relied upon the judgment in the matter titled as "Smt. Saraswati &
Ors. Vs. Sh. Shiv Shanker & Ors." reported at MANUDE8158/2007.
However, the said argument of Ld defence counsel has to be rejected for the
reason that nothing could be brought on record from the side of accused
persons either during cross examination of prosecution witnesses or
otherwise, in order to substantiate their plea that complainant and his family
members had any sort of previous enmity with them. Rather, the accused
persons have taken altogether different defence during cross examination of
PW1 Anil Kumar and PW2 Sanjay by putting suggestions that said two
witnesses alongwith their family members had gone to the house of accused
persons for taking revenge of beatings caused by accused Ravi to PW2
Sanjay and when PW1 attacked upon accused Dadan Prasad with iron rod, it
accidentally hit on the head of PW2 Sanjay due to which Sanjay sustained
injuries. Likewise, when PW2 Sanjay was attacking upon accused persons,
PW1 Anil Kumar sustained injuries accidentally.