Before they could intervene and save Kuldeep, they saw Abhijeet, Surendra, Sunil Bishnoi and Rakesh Choyal assaulting Kuldeep in a brutal manner. Knife injuries were inflicted on the abdomen and face of Kuldeep by Abhijeet and Surendra Choyal. The other accused also started assaulting the deceased. Pradeep tried to intervene to save Kuldeep, but he too was beaten up by knives, other pointed weapons and lathis. The complainant and few other persons who had collected there and raised a hue and cry, on which the accused escaped from the spot. The complainant checked Pradeep and Kuldeep but they were seriously injured and were not fit to walk. Both were taken to the hospital, where Kuldeep expired as a result of the injuries. After conducting thorough investigation, the Investigating Officer filed charge-sheet only against Abhijeet and Surendra Choyal whereas, the investigation was kept pending qua Rakesh Choyal, Sunil Choyal, Sunil Bishnoi and others under Section 173(8) CrPC. The case of Abhijeet and Surendra Choyal was committed to the sessions court where, the charges were framed and evidence was commenced. After the evidence of Harchand (P.W.1) had been recorded, the prosecution moved an application under Section 319 CrPC which was accepted and Rakesh Choyal, Sunil Choyal and Krishna Sagwan were summoned to face trial for the offences under Sections 148, 341, 323, 307 and 302/149 IPC. Krishna Sagwan challenged the order issuing process by filing revision in the High court, which was accepted. However, the complainant approached the Supreme Court, the High Court’s order was set aside and the order dated 25.08.2017 passed by the trial court was restored. After trial, the appellant and the co-accused persons have been convicted vide judgment dated 13.09.2021.
