Learned counsel for the applicant submitted that in the First Information Report, which is at page 17 of the paper book, it is mentioned by the complainant, who happens to be real brother of the injured that on asking injured, Firoz informed the informant that Arshad s/o Farooq and Shanu s/o Zaheer, who have been sent by the Farooq, have caused the offence. In her statement under Section 161 Cr.P.C., the first informant has reiterated the incident and has also stated that his elder brother Firoz, who was injured in the present shoot-out had married wife of Farooq, for which, Farooq and his son Arshad were keeping grudge against the injured - Firoz. It has been further argued that applicant was not named in the First Information Report and his name only came in the statement of injured - Firoz, which is at page 38 of the paper book wherein Firoz has admitted that he married wife of Farooq and in this regard, Farooq and his son Arshad had given him threat for life. In his statement, the injured has named the applicant, one Jeeshan and Arshad. Name of Shaanu was not mentioned by the injured. In his statement, it has been stated by the injured that it appears that the first informant forgot the name of Jeeshan to be mentioned in the First Information Report.
