accused persons viz. Ex.P/30 - Madan Lal, Ex.PW/31 – Shyamlal, Ex.P/32 – Sheru and Ex.P/33 – Suresh and Ex.P/34 – Arjun. As per him, the prosecution witnesses failed to offer any explanation for these injuries. He contended that the deceased Sanoth received solid fatal head injury which proved fatal. He drew the Court’s attention to the statement of the medical officer PW.22 Dr. Manoj Garg who admitted that as per the FSL report, 126 milligrams per 100 ml, alcohol was reported in the blood of the deceased Santosh. Thus, as per Shri Bohra, it is clearly a case of free fight in which the accused persons also received number of injuries. As per him, the fatal blow on the head of the deceased is attributed to accused Suresh who passed away during the course of trial and thus, the conviction of the remaining accused persons cannot be sustained for the offence under Section 302 IPC with the aid of Section 149 IPC and they can at best be held responsible for their individual acts. He contended that the accused appellants were on bail during the course of trial and they did not misuse the liberty so granted to them. On these grounds, he craves acceptance of the instant application for suspension of sentences.
