It is submitted by learned counsel for the appellant that there are three appellants who are not even named in the FIR. The present FIR was got registered on the unfounded suspicion of Manish and Chintu and thereafter on majeed bayan recorded on 20.10.2020, the informant, for the first time have pasted the story implicating the appellants. Fact remains that there is no ocular testimony of the incident and in his majeed bayan , the informant has floated theories regarding the involvement of the appellant, firstly, that the deceased wanted to grab the temple and secondly, the deceased was nurturing relationship with niece of the appellant no.2. Except this bald allegation, there is no material to substantiate these allegations. It is further submitted that the way and manner in which the demand of dagger is being made, is highly untrustworthy and imaginary one. There is recovery of alleged dagger at the joint pointing out of all the three persons at the open place of which there is no independent witness. In order to implicate the appellant on the basis of the circumstantial evidence, every link of the circumstances should be properly woven so as to indict the appellants in the commission of the offence. In the present circumstances, way and manner in which the name of the appellants has been floated is highly untrustworthy and do not generate the confidence of the Court. So far as recovery part is concerned that too is wholly irrelevant and could be planted one. The appellants are languishing in jail since 26.10.2020.
