Law:

Section:

(a) Penal Code (XLV of 1860)--- ----Ss. 324, 427, 386 & 34---Anti-Terrorism Act (XXVII of 1997), S. 7(h)---Attempt to commit qatl-i-amd, mischief causing damage to the amount of fifty rupees, extortion by putting a person in fear of death or grievous hurt, common intention, act of terrorism---Appreciation of evidence---Benefit of doubt---Charge against the accused persons was that they demanded Bhatta from the complainant and also made firing upon him---Record showed that incident of firing shot at the car being driven by the complainant had taken place at 10.00 p.m. on 29.12.2014 and the case was registered on the same night against two unknown persons---Admittedly, it was a dark night occurrence and no source of light had been given in the un-scaled site plan---Both the accused persons were arrested on a tip-off and were implicated in the present case subsequently---Accused were arrested by the SHO on a tip-off near hospital being suspected persons but no detail of nature of being suspected or material could be brought on record---Accused was admittedly a practicing MBBS doctor by profession and co-accused was admittedly his friend---Presence of both the accused inside or outside the hospital was quite natural and could not be termed suspicious in any capacity whatsoever---Mode and manner of the accused's implication, in the present case, indicated something else behind the scene, which was suppressed by the prosecution for the reasons best known to them---Record transpired that identification parade of the accused persons was conducted on 12.1.2015 under the supervision of Judicial Magistrate---During test identification parade, the accused were identified by the complainant and a witness, but without assigning any role played by them during the occurrence---Identification parade so held was a joint one conducted in one go in one row of multiple dummies, whereas the practice of joint test identification parade in one go could not be relied upon---Prosecution had claimed that the accused persons had sent a threat-note through Courier Service to the complainant claiming that they had demanded Bhatta of Rs. 20,00,000/- from the complainant as price of his…

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