e. In such circumstances referred to above, the learned Senior Counsel
prayed that there being merit in his appeals, the same may be allowed and
the judgment of the High Court and that of the trial court be set aside and
the appellant-convict be acquitted of all the charges.
SUBMISSIONS ON BEHALF OF THE STATE
25.
On the other hand, these appeals were vehemently opposed by Mr.
Ardhendumauli Kumar Prashad, the learned AAG, appearing for the State.
He submitted thus:
a.
No error much less an error of law could be said to have been
committed by the courts below in holding the appellant-convict guilty of
the offences with which he was charged.
b.
There was a strong motive for the appellant-convict to commit the
crime. The second marriage of the appellant-convict was opposed by his
son Islamuddin. As the appellant- convict wanted to disown his son, the
same was opposed by his two brothers Naushad and Irshad. That is the
reason why the appellant-convict was at inimical terms with his own son
Islamuddin and his two real brothers Naushad and Irshad.
c.
There is no good reason to discard the oral evidence of the PW-2
Shanu alias Shahnawaz and PW-4 Soni.
d.
The courts below rightly believed the two dying declarations to be
true and trustworthy.
e.
To conclude, the learned counsel pointed out that the appellant-
convict is a history-sheeter and has tendency to repeatedly indulge in
serious crimes.
f.
In such circumstances referred to above, the learned counsel prayed
that there being no merit in the present appeals, the same may be dismissed
and the death sentence awarded may be upheld.
11
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