It has been submitted by learned counsel for the applicant that complainant is father of the deceased, who lodged the FIR making allegations that all the accused had beaten the deceased by kicks and fists and general allegation is levelled against all the three accused. In the statement recorded under Section 161 Cr.P.C., complainant has reiterated the same version as mentioned in the FIR. He further submits that there are seven injuries, out of which, injury no.2 is serious one, but it is not assigned as to who has caused the said injury to the deceased in the FIR. He also submits that statement of PW-1, father of the deceased, has been recorded and he improved the version before the trial Court and he deposed that chest of the deceased was pressed by the applicant, due to which he received injury and died. Learned counsel further submits that utmost the case is falling under Section 304 Part II IPC because there is no intention to kill the deceased, rather due to some altercation between the parties, the incident took place. He further submits that co-accused Kishun has already been granted bail by this Court vide order dated 31.03.2023 passed in Criminal Misc. Bail Application No.13394 of 2022. The applicant has no previous criminal history and he is in jail since 31.07.2022.
