accused after celebrating the eve of the new year in an inebriated state
encountered the complainant and his labourers / staff who had come
to lift the debris in the wee hours at the spot of the incident. He
submits that the Applicant was never part of the group who had the
altercation, but a passerby who intervened in the altercation between
the Accused Nos. 1 to 3 and the complaint; that the medical evidence
placed on record does not prove involvement of the Applicant. He
submits that the chargesheet has been filed and on perusal of the
charge-sheet the offence under section 307 IPC cannot be made out
against the present Applicant. He submits that the incident occurred
in the early hours of 01.01.2022, FIR was registered on 03.01.2022
and the Applicant has been arrested on 05.02.2022. He submits that
on 01.01.2022 the complainant lodged a written report of the incident
immediately after the incident, perusal of which clearly shows that the
complainant had received injuries on his right hand finger, chest and
right ear only. He has referred to and relied upon the certificate given
by the Sir J.J. Group of Hospitals and Grant Medical College dated
01.01.2022 which states that the complainant was brought to the
hospital at 10.00 a.m. by relatives due to an alleged assault by five
unknown persons at 5.50 a.m. It states that there was injury to his
head, right ear and right hand; he was treated, his hand dressing was
done and he was discharged with prescription and medicines.
Certificate dated 03.01.2022 has been issued by Sir J.J. Hospital to the
