The record reveals that pursuant to the incident said to have been taken place on 19.11.2002, a Dehati Nalishi was got registered by injured Rajendra who subsequently died during the course of treatment on 22.11.2002 and the same was exhibited as Ex.P/33 wherein he stated that when he along with his brother Narendra was going to attend the court proceedings, all of a sudden, the accused persons, eight-in-number viz. Roop Singh, Ghanshyam, Mohan Singh, Jagdish Prasad, Komal, Rishikumar, Arjun Singh, Vijay Singh, armed with lathis, stopped their way; hurled filthy abuses and inflicted injuries by means of lathis. The accused persons stopped them from going to court to attend the court proceedings and give their statements. Thereafter, both the injured were taken to hospital for medical examinations. On the same day i.e. 19.12.2002 at 6.10 p.m. Narendra was got examined by Dr. N.K. Bajpai (PW6) who has found 14 injuries on his body and thereafter, Rajendra was got examined by the same medical expert i.e. Dr N.K. Bajpai (PW6) who has found 9 injuries on his body. They were NEUTRAL CITATION NO. 2023:MPHC-JBP:560630 CRA Nos.2366 of 2005, 2407 of 2008 and 30 of 2006 further referred for X-ray examination and on radiological examinations, fractures were found on frontal parietal region and left ulna bone of Rajendra and fracture was found on ulna bone of forearm of Narendra. Later on, during the course of treatment, on 22.11.2002, injured Rajendra died. Accordingly, the offence under Section 302 of IPC was added. It is not in dispute that a previous criminal case was registered and trial was going on in which the complainants were going to court to give their evidence. Thus, the factum of previous enmity is available in the case. The investigation of the case was entrusted to ASI Virendra Birthare (PW 13) who stated that after the incident, he visited the place of occurrence and recorded Dehati Nalishi at the instance of Rajendra (since deceased) in terms of Ex.P/33 alleging therein that the accused- appellants had assaulted Rajendra and his brother Narendra causing serious injuries by means of lathis.