Contention raised by learned counsel for the applicant is that for the incident of 21.09.2020, the present FIR was lodged on 01.10.2020 after intervention of higher authority from Lucknow by one Ram Prakash against three named accused persons. From the FIR, it is clear that the role attributed to the applicant is of heated altercation with the deceased. However, the other co-accused person namely Aman@Chota has committed this offence. After lodging of the FIR, the police has submitted the report under section 173(2) Cr.P.C. on 10.03.2021 under section 279 and 304A IPC against Aman@Chota exonerating the applicant and Balram in the commission of the offence. However, further investigation was ordered and thereafter holding in-depth probe into the matter, police has submitted the report under section 173(2) Cr.P.C. under section 304 IPC while relying upon the two independent statement of Sher Singh and Jawahar Singh recorded on 21.03.2021 almost after delay of five months. It is indeed shocking and surprising that the eye witness has given his statement after the delay of five months. The next contention is that there is no motive to that effect. The applicant is languishing in jail since 02.06.2021.
