- (1.) We have heard learned counsel appearing for the parties and perused the record.
(2.) We find that the main reason why the appellants were impleaded as accused under section 319 of the Code of Criminal Procedure (for short, the 'Cr.P.C.') for facing trial under section 302 of the Indian Penal Code (for short, the 'IPC'), is an allegation by PW-3 Daya Ram father of the deceased. The allegation is to the effect that the deceased Rajesh @ Munnu Soni who was the son of PW-3 Daya Ram, was taken away by two co-accused Bhanu Kachhi and Rajendra Nai because the daughter of appellant no.1 - Brij Nandan Nagaich was in love with the deceased. Therefore, appellant no.1 - Brij Nandan Nagaich along with one Ashok Shukla hired assassins for murdering the deceased Rajesh @ Munnu Soni. The other evidence on record is said to be an application given by the deceased that there was danger to his life from appellant no. 1.
(3.) The evidence aforestated by PW-3 Daya Ram is evidence about the alleged motive which the appellants had. There is no evidence of any act or omission which is said to have been committed by the appellants in order to bring about the death of the deceased. Appellant No. 1 who is the father of the girl who was said to be in love with the deceased, has not been shown to have acted in any manner in order to cause the death of the deceased. There is, thus, no evidence of the appellants' complicity.;