Learned counsel for the applicant has submitted that as per the allegations made in the first information report, on 22nd May, 2018 between 07:00 a.m. to 08:00 a.m. the brother of the informant, namely, Anand Tyagi, who is posted in Indian Army, were coming to his house at Kaniya from Hapur, on the way Satish Tyagi, Satendra, Lalit Tyagi surrounded him and Satendra fired upon him and Satish caught hold of him, whereas Lalit attacked on him by Balkati (sharp edged weapon) due to which he sustained injuries and became unconscious. Hearing the noise, villagers ran away to the spot, along with Anand, the informant and his cousin brother Nitian had also been beaten by them. In between, Sushil Tyagi and his son, Sandeep (applicant) also came on the spot and started beating. Naresh and Hariom have also attacked on them by knife and started beating them. Falling down on the earth, Anand became unconscious and others were saved by running away from the spot. It has further been argued by the learned counsel for the applicant that in the crossexamination of the first informant made by the Investigating Officer at the time of recording of statement under Section 161 Cr.P.C., the first informant has stated that Satish, Satendra and Lalit have assaulted the injured Anand by Balkati. Seeing the variations in the first information report and the statement of the first informant, the entire prosecution case appears to be wholly concocted. It has further been argued by the learned counsel for the applicant that from the side of the accused, a first information report was lodged by co-accused Naresh against the informant as well as five others under Sections 307, 323, 354 and 147 I.P.C., which has now been converted into Section 302 I.P.C. on account of death of Satish (injured). It has further been argued by the learned counsel for the applicant that the injuries, which are shown to
