Zalim Khan cultivates the entire land. The mother of
Chotkau had fled away from here and living at Ikauna.
Chotkau has three brothers including him. All the
three of them do not have any land. All the three of
them are engaged in the occupation of labourers.”
22. After having said what is extracted above, PW2 denied the
suggestion that it was Zalim Khan who got the appellant implicated
in the case.
23. Even the Investigation Officer examined as PW6 admitted in
crossexamination: “I had detected that a land dispute was
proceeding between accused Chotkau and Zalim Khan.”
24. In answer to the last question (Question No.13) during the
questioning under Section 313 of the Code, as to whether he wished
to say anything else, the appellant stated as follows:
“After death of Lazim Khan, his real brother Zalim
Khan had usurped all the property of Lazim Khan and
expelled the accused. The accused was not leaving
possession of the land of his maternal grandfather
therefore Zalim Khan implicated him false in this
case.”
25. The appellant’s mother examined as DW1 not only elaborated
the theory that the appellant was falsely implicated at the instance
of Zalim Khan but also came up with a story as to what could have
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