same was lodged only against appellants, namely, Jagatpal and Krishna. However, statement of Ku. Balwanti (PW-2), injured witness, shows involvement of all the appellants in the commission of the crime. It is submitted that admittedly, as per statement of Ku. Balwanti (PW-2), injured witness, appellants Jagatpal and Krishna, who are real brothers, assaulted the deceased with crowbar (sabbal) and spade respectively. So far as the other appellants are concerned, they are said to have assaulted the deceased only with kicks and fists, whereas as per postmortem report, the deceased died on account of excessive bleeding due to head injury and he also suffered incised wound. It is true that the dead body of the deceased was found in the house of appellant Mukund, but it is argued that the incident took place in two parts, firstly there are scuffle between the appellants and the deceased and thereafter, the deceased ran into the house of appellant Mukund Cheek to save himself. Further, the presence of appellants at the place of occurrence was not proved as is apparent from the evidence led by the prosecution. It is further submitted by the learned counsel for the appellants that name of the appellants have been brought only on account past enmity, Ku. Balwanti (PW-2), injured witness has admitted in paragraph 6 of her deposition before the trial Court. Even, the Investigating Officer, namely, Baleshwar Mahanadi (PW-7) has stated in paragraph 2 that information given to him that Jagatpal and Krishna have killed the deceased. Further, Baleshwar Mahanadi (PW-7) has narrated in paragraphs 30, 37 and 38 that being questioned as to why the names of appellants in CRA No. 478 of 2022 are being dragged, Ku. Balwanti (PW-2) had disclosed that there was past enmity, therefore, the names of the present appellants in CRA No.478 of 2022 are being recorded.
