60. Lastly learned counsel for the appellants have submitted that in
case the Court is not inclined to the prayer of acquittal, in that case it is
submitted that accused/appellants have already undergone for a sufficient
period and their sentence may be reduced to the period already undergone
and to support this contention he has relied upon authority Triveni
Prasad Ramkaran Verma Vs. State of Maharashtra 1976 AIR SC page
2156.
11 Ms. Sunita Tiwari, learned defence counsel, has, on the other hand,
refuted all the above contentions. According to her, all the accused persons
FIR No. 325/12 PS Keshav Puram page 3 of pages 15
have been falsely implicated. She has also contended that there are serious
anomalies and contradictions which clearly indicate the hollowness in the case of
prosecution. She has also contended that there is no corroboration from
independent and neutral corner and prosecution case does not stand proved
merely on the basis of testimony of interested witnesses. She has also drawn
my attention towards the MLCs and has asserted that ocular evidence and
medical evidence, at best, reveal it to be a case of simple and superficial injuries
and there, even otherwise, nothing to infer that any of the accused had any
intention to commit culpable homicide. She has also, in this regard, placed
reliance upon Ramkaran Vs State, 2014 [2] JCC 1699, Bishan Singh Vs State
(2007) 13 SCC 65, Jamalu & Ors. Vs State (Delhi High Court) (Criminal
Appeal No. 27/2008, date of judgment 16/08/2010, Ramesh Vs State
(Criminal Appeal No. 965/2009, date of judgment 22/01/2010).
6. Learned Counsel for the appellant placed reliance on Ramkaran v. State, (1997 RCC 90) and submitted that the alleged dying declaration of Suman (Ex. P-2) was not trustworthy and could not be relied upon. Following points were raised by the learned Counsel for our consideration: