Learned counsel for the applicants submits that the F.I.R. of the alleged incident has been lodged against five persons including the applicants making general allegation for committing marpit with the deceased and injured persons. Initially the F.I.R. was lodged under section 147, 323, 504, 308 and 506 I.P.C. After death of Vishnu Nishad, the injured, the case was converted under section 304 I.P.C. According to post mortem report 3 injuries have been found on the body of the deceased. The cause of death of the deceased has been shown shock and coma as a result of ante mortem head and chest injury but it is not specified as to who is the author of these head and chest injuries. It has been further submitted that there is cross version of the alleged incident and from the side of applicants 3 persons have sustained injury and the injury of injured of prosecution side are not fatal to life. Nothing incriminating article has been recovered from the possession of the applicants or on their pointing out. The applicants have not committed the alleged offence. There is no criminal history of the applicants and they are in jail since 7.7.2019 and 15.7.2019.
