It is argued by the learned counsel for the applicant the present first information report has been lodged by Ranveer Malik on 25th September, 2018 against one named accused i.e. the applicant and 3 unknown accused persons alleging therein that on 24th September, 2018, the nephew of the informant, namely, Ashish Malik went to Modi Nagar market from his village Eeshapur for purchasing some goods, when he reached near Gurudwara Road at 1600 hours, then four boys having iron rod, hammer and sharp edged weapons, with intention to kill, assaulted his nephew. One of them has been identified by the injured as Komal @ Loni i.e. applicant, whereas the other three has not been identified. In the statement of the injured recorded under Section 161 Cr.P.C., the victim has stated that on 24th September, 2018, he was going to Gurudwara Road Cyber Café from Modinagar Bus Stand, when he reached in front of Canara Bank, the applicant came in front of him from behind, as soon as he saw that all the accused persons had lathi and iron rods in their hands, he ran backwards and in front of the Kaila Warehouse, a rod was hit on his head from behind due to which he fell down and then, they started beating him by lathis and iron rods with intention of killing him. On screaming of the injured, persons, who were passing by the road and shop keepers came and on seeing them, they ran away threatening to kill him. It has further been argued by the learned counsel for the applicant that as per the version of the first information report and the statement of the injured, general role of beating the injured has been assigned to all the accused persons. No
