Mubarik Khan v. Nababkha @ Nawab and Ors.

DR. ARIJIT PASAYAT, J. 1. Having heard learned coun- sel for the appellant at length we are not satisfied that this is a B case where any interference is called for. The High Court has found that the evidence of PW5, who was stated to be the sole eye-witness, unreliable. Apart from that there is considerable delay in dispatch of the first information report to the court. Though in all cases that may not be the determinative factor, but c when considered with other aspects that assumes importance. The High Court has dealt with this aspect in detail. The view taken by the High Court is 9 possible view and therefore con­ sidering the parametres relating to cases where judgment of acquittal is assailed, we do not consider this to be fit case for 0 interference. 2. The appeal is dismissed. Criminal Appeal No. 110512002: 3. In view of the dismissal of Criminal Appeal No. 612/ E 2002, this appeal is also dismissed. B.B.B. Appeals dismissed.