- (1.) The prosecution had set out a case that on 15.1.2009, at around 9:00 or 9:15 PM, in a room built on a plot in Shiv Colony, Tijara Phatak, four accused namely Vijay son of Om Prakash, Mahesh Saini @ Kalu son of Gordhan Saini, Amar Singh son of Man Singh Choudhary, and Bachchu Singh son of Kesharam, armed with dandas and pipe caused murder of Subhash Chand. Thus, thereby they committed offences punishable under Section 452 and 302/34 IPC.
(2.) The case of the prosecution solely rests on oral dying declaration made by deceased Subhash Chand to his three brothers namely Suresh Chand Sharma (P.W.3), Laxman (P.W.4) and Murari Lal (P.W.6) and before Radha (P.W.7) wife of the complainant Suresh Chand Sharma (P.W.3).
(3.) The prosecution has also made an endeavour to corroborate the oral dying declaration with recovery of weapons and clothes of two accused stained with blood. The clothes contained same blood group which was on the clothes of the deceased. In nutshell, this is sum and substance of the prosecution case.;