Contention raised by learned counsel for the applicant is that the incident is said to have taken place on 29.10.2020 and the informant of the case crime no.228 of 2020, Hriday Narayan making the appellant as an accused, whereas for the same offence, one Diggu has lodged the FIR bearing Case Crime No.229 of 2020 under sections 147, 323, 504, 308 IPC against nine named accused persons for the alleged assault. In fact it is said that there is cross case of the same incident where both the sides have sustained injuries. It is further contended that the deceased is Dev Narayan. I have perused the post mortem report of Dev Narayan aged about 70 years. It is alleged that he was given deadly push from the terrace, consequently, he has suffered the injuries over his person which has turned to be fatal one. The injuries of Dev Narayan is contused swelling over the left temporal region, lacerated wound over the left ear pina and contused swelling over the left temporal region and the cause of death as per opinion of the doctor, is due to haemorrhage and shock as a result of ante mortem injury. The next contention is that it is just possible that during this scuffle on account of providence, he might be fallen from the terrace and sustained injuries.
