Desai, learned Counsel for
the petitioners submit that, there was no previous
enimity between the complainant and the petitioners
and that while laying water pipe
Desai, learned Counsel for
the petitioners submit that, there was no previous
enimity between the complainant and the petitioners
and that while laying water pipe
involved in the commission of the offences and
because of the previous enimity, a false complaint has
been filed against the present petitioners. He also ... materials on record, it
goes to show that, there was previous enimity between
the petitioners and the injured since 12 years. Looking
to the wound
that accused was falsely implicated in the present case due
to previous enimity, on the face of it appears to be a vague suggestion.
Nothing
respondent no. 1. Also, there is no
allegation of any previous enimity between the injured and the respondent no.
1 and so, there were absolutely
chance to see things.
15. Further with respect to previous enimity to be shown by Ld.
Counsel for accused persons has a reason to implicate
report and why DW1 has deposed in the
court. No previous enimity of the plaintiff with the officials of the defendant has
been claimed
have
been falsely implicated in the present case due to previous enimity with
the injured. The accused persons opted to lead DE in support ... been falsely implicated in the present case because of the
previous enimity by the injured persons.
12. It is pertinent to mention here that
report and why DW1 has deposed in the
court. No previous enimity of the plaintiff with the officials of the defendant has
been claimed
having enimical terms towards the family of accused
and therefore, her evidence cannot be accepted. In fact, PW6 has spoken about
the previous occurrence