(1.) HEARD learned counsel for accused petitioner, complainant and Public Prosecutor and with their assistance perused the material made available at the time of arguments.
(2.) COUNSEL for accused petitioners submits that statement of injured-deceased Ramswaroop @ Shyopal itself was recorded under Section 161 Cr.P.C. and accused-petitioner was assigned inflicting injuries by 'lathi' on non-vital parts of the body of the deceased. It has come on record that after the statement of Ramswaroop was recorded under Section 161 Cr.P.C. on 05.09.2011, later on he died on 25.09.2011 because of septicemia and Section 302 IPC was added.