minor and insignificant. Therefore, being the third Court exercising
jurisdiction under Article 136 of the Constitution, we have to tread
a
very
careful
path
while
considering
the
question
of
trustworthiness of these witnesses.
17. Unlike other cases, the appellant in this case has taken a
defence right from the beginning that he was implicated falsely at
the behest of a locally powerful person whose wife is the Pradhan of
the village. The case projected by the appellant was (i) that his
maternal grandfather was one Lazim Khan; (ii) that Lazim Khan’s
brother was one Zalim Khan; (iii) that after the death of Lazim
Khan, his property devolved upon the appellant’s mother Jannatul
Nisha; (iv) that Zalim Khan wanted to grab the properties from the
appellant’s mother but the appellant and his mother were not
willing to let the land be taken away by Zalim Khan; and (v) that
since Zalim Khan is a very powerful person in the village and his
wife is also the Pradhan of the village, he managed to implicate the
appellant falsely in this case.
18. To demonstrate the veracity of the above claim, the appellant
did 3 things. First he confronted PWs 1 to 3 with pertinent
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