for committing the said offence. It is also contended that as per the FIR, at 09:30 pm, Arpit Saini (PW-4), Himmat Singh (PW-9) and Rishi Sharma (PW-6) dropped Sunil Choudhary @ Sonu at police line in front of Tank School . As per these witnesses, the incident took place at the same place, however, in the site plan (Ex.P-13), the place of occurrence is not shown in front of Tank School . It is also contended that as per the prosecution case, the deceased was carried in a car owned by Himmat Singh (PW-9), but neither the vehicle has been seized nor any blood has been recovered from the seats of the car belonging to Himmat Singh. It is also contended that as per the evidence adduced by the prosecution, the incident took place in front of house of the deceased. No justification has been given as to why family members of the deceased were not informed. It is also contended that as per the FIR, second unknown person gave beating with fists & legs to the deceased, however, deceased has not sustained any contusions, bruises or abrasions on his person. It is argued that since lodger of the FIR who is related to the deceased has turned hostile, the prosecution case does not stand and the learned Trial Court has erred in convicting the accused appellants.
