FIR cannot be used as substantive piece of evidence

FIR is the earlier version of the prosecu­tion case and the statements made therein can be looked into with a view to find the prose­cution story as a whole as set out in the earli­er stage Veracity of the testimony of its maker can very well be adjudged by looking at the material contra­dictions in his testimony from the FIR.......... (15)

Justice would be best served if the sen­tence awarded against the appellant is altered into one for imprisonment for life with fine.

The appellant could not be solely saddled with the "short gun fire injury on the deceased, Abdur Rakib'' resulting his death, particu­larly when the other accused had also guns and they fired from their guns as well. The High Court Division took the right decision in affirming the sentence of death awarded against the appellant by the learned Sessions Judge. It further appears that the appellant is in death cell since 12-8-2002 and by now he has suffered the agony of death for the last 9(nine) years, 6(six) months and 9(nine) days. Justice would be best served if the sentence of awarded against the appellant is altered into one for imprisonment for life with fine..........(16)