Prison and they had also sought
assignment of the lands encroached on payment of cost. The
request for assignment of the lands had been rejected ... proximity to the educational institution. I hold that the
averments regarding oral assignment of lands, which had been
rejected by the Tahsildar, Revenue Divisional Officer
Prison and they had also sought assignment of the lands encroached on payment of cost. The request for assignment of the lands had been rejected ... proximity to the educational institution. I hold that the averments regarding oral assignment of lands, which had been rejected by the Tahsildar, Revenue Divisional Officer
reason which he assigns for
making the above submission, becomes embedded in the factum, that
preponderance, is to be assigned to oral evidence depended, upon
Learned trial Judge, after taking into consideration the oral and documentary evidence and for the reasons assigned in the judgment, came to the conclusion that
consideration of
the same would certainly over-ride any oral testimony regarding
the role assigned to Athar Ali as we have already held that
oral evidence of P.Ws.5 & 6 are minor in nature, should be ignored, if ignored there is no reason to disbelieve their oral ... dependable, for which we will assign reasons infra in detail. Therefore, the Page 2303 oral evidence of P.Ws.6, 10 & 11 fails
after taking into consideration the entire evidence, both oral and documentary, and for the reasons assigned in the judgment, came to the conclusion that
tractor-
trolley towards Karmapura."
Thus though an overt act had been assigned to the first
appellant in the FIR it had not been stated ... deceased. It is true that in their oral
evidence PWs 3 to 6 have assigned the first shooting to the
first appellant but their evidence
statements of the witnesses, any motive has been assigned. The Investigating Officer has tried to assign the motive through the mouth of accused themselves ... prosecution assigns any motive then it has to prove it. In this case prosecution has not assigned any motive, hence there is no relevance
learned Trial Judge after taking into consideration the oral and documentary evidence, for the reasons assigned in the judgment came to the conclusion that
