judis/
Crl.R.C(MD)No.719 of 2017
are having previous enmity and due to that enmity, the accused had attacked
PW 1. Immediately ... learned counsel appearing for the revision
petitioner that due to previous enmity with PW 1, a false case has been
foisted against the accused. Therefore
Raghunath, Sadar Bazar, Delhi
and they have been impleaded due to previous enmity. Similarly,
accused Ram Chander Khanagwal took the plea that he was present ... took the plea that injured
had falsely implicated them due to previous enmity and he had even
lodged false FIRs against them previously
Ramjag Bind
was recorded on the basis of doubt based upon previous enmity.
14. Haridas (PW-5) is an independent witness and neighbour ... deceased persons. Interestingly, this witness denied that there was any
previous enmity between him and his family and appellant Ramjag Bind.
16. The spot
under Sections 107 / 151 Cr.P.C. on
6.1.1999. Due to previous enmity amongst the parties false case was
registered against the appellant. House ... then did not state a word that due to
previous enmity he was falsely implicated or there was a Panchayat and
Panchayat had directed
fight between the parties. There is no evidence regarding any
previous enmity between the parties and, thus, the case would come under
Exception ... Ramgulal when he fell down. According to her, there
was previous enmity with the accused persons. PW5-child Kishore Kumar is
the second eyewitness
around the wound and telephoned the
Police that they are having previous enmity with appellant
Rameshwardayal regarding financial transactions. Due to this, with
intention ... place
occurrence. They are relative of the deceased. There is previous
enmity with the deceased and appellants, due to which they have been
falsely implicated
report Ex.P-1.
He has deposed that there was no previous enmity with the appellant with
regard to taking of water but two days ... where scuffle ensued. The witnesses have deposed that there was no
previous enmity between the deceased and the accused.
21. We find considerable merit
accord. He has been
falsely implicated in the case due to previous enmity. The
accused had examined as many as five witnesses in defence ... trial Court recorded findings to the effect that
there was previous enmity between accused Lalit and first
informant Dalchand on account of the fact that
motion the
aforesaid trial, in nut shell, is that there existed
previous enmity between the appellant and the deceased
Unjeelal (somewhere written as Kunjeelal ... family
members of the deceased on account of the previous
enmity with regard to some land dispute. It is further
submitted that there
took place at the spur of moment without there
being any previous enmity between the appellants and deceased; besides,
there was no motive even ... that since there was no motive alleged and there was no
previous enmity between the parties coupled with the material fact that no
recovery
