Sarva Shri Suresh Kumbhat, Sheetal Kumbhat and Vishal Saraswat, learned counsel representing the petitioners vehemently urge that the independent witnesses Mithudas and Rakesh, the injured witnesses Ravi and Maina, the sister of the deceased Mahendra, who was the first person to reach the place of the occurrence, did not name the petitioners as the assailants. The Investigating Officer assigned detailed and justified reasons for leaving out the names of the petitioners from the array of the accused. As per the admitted case set out in the statement of eyewitness Maina and the injured witness Ravi, only the two chargesheeted accused Karan and Mahesh assaulted the deceased by sharp weapons. Even in the exaggerated statements of the witnesses Bhundi Devi and the witness Prem, it is an admitted position that the other accused were not armed with any weapon whatsoever. They further urge that as per the post mortem report of the deceased Mahendra, he was having sharp weapon injuries on his person all of which are assigned to the charge-sheeted coaccused and as such, apparently, the petitioners have been falsely implicated in this case. They further urge that after submission of the charge-sheet, the complainant moved an application before
