Honble PARIHAR, J.–A first information report came to be lodged at Police Station-Kishangarhbas, District-Alwar on 4.6.2000 at 10.05 A.M. by one Hulla for an incident alleged to have taken place on the same date at 6.00 A.M. It was alleged in the report that Deena, elder brother of the complainant, was assaulted by the persons named in the FIR resulting in death of the injured Deena on way to the hospital.

(2). Though, number of persons were named in the FIR, however, the investigating agency, after investigation, submitted charge- sheet against only two persons namely; Juber Khan and Fajju and negative report was filed in respect of other persons named in the FIR.

(3). After the case been committed to the Court of Additional Sessions Judge No. 1, Kishangarhbas, charges were framed against the two persons namely; Juber Khan and Fajju. After commencement of the trial, two eye witnesses were examined namely; PW-1 Hulla and PW-2 Sabuddin, After recording the evidence of above two witnesses, an application under Section 319 Cr.P.C. came to be filled by the complainant before the trial court. The trial court, after considering the entire material on record and hearing both the sides, cam

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