It is noticed that charges were framed against the petitioner on 9.3.2021 and thereafter regularly the so-called proseuction witnesses have been summoned by the trial court from time to time. Despite issuance of bailable warrants against injured Jitendra Kumar and other prosecution witnesses namely Sitaram, Ravi and Krishnalal and despite clear instructions given to counsel for the complainant, the above-named witnesses did not appear before the trial court for recording their evidence, however, ultimately statement of Sitaram (PW-1) was recorded before the trial court on 29.10.2021, wherein he has not supported the prosecution story and turned hostile. Thereafter, statement of Krishna Lal (PW-2) was recorded before the trial court on 9.9.2022, wherein he has stated that when he along with Sitaram went towards the waterworks in search of injured Jitendra Kumar, he saw petitioner standing beside the injured holding a brick in his hand. He has specifically stated that he has not seen the petitioner inflicting injury to Jitendra Kumar. In his crossexamination, Krishna Lal (PW-2) has also admitted that he was in a drunken condition on the day of incident when he reached the waterworks.
