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6. The case of the prosecution is that on 07.03.1994, at around 09:30 pm, when PW - 1 Pravinbhai Babariya was sitting outside his home, at that time, his deceased brother Kanu Nathu Babariya along with Palo @ Poonam, Naresh and Girish were dancing outside the house by turning on the tape recorder. In the meanwhile, at around 09:30 pm accused no. 1 - Govind Nathu, accused no. 7 - Nathu Khoda, accused no. 9 - Suresh Khoda came there and started abusing deceased Kanubhai Babariya telling him that he was interfering with the marriage celebration going on nearby, by making loud music on the tape recorder. During the altercation, other co-accused persons namely, accused no. 4 - Kanu Nathu, came with the 'knife', accused NEUTRAL CITATION R/CR.A/123/1997 CAV JUDGMENT DATED: 18/10/2024 undefined no. 8 - Rajesh Nathu came with 'sword', accused no. 7 - Dinesh Nathu with 'gupti' and accused no. 10 - Sindhya also came with 'gupti'. Following them, Jayanti Valji whose marriage was scheduled nearby came with the 'sword' which is used in marriage and Jitu, Suresh, Sashi Valji came with 'hockey sticks' and started abusing the deceased. They also told that the deceased was interfering by making loud noises, disturbing the nearby marriage celebrations and he was having illicit relationship with the daughter in the family of the accused, namely 'Varsha', therefore, he needed to be done away with. So they started attacking Kanu Chhagan Babariya (deceased) wherein Kanu Nathu (accused) inflicted blow of 'knife', Dinesh inflicted blow of 'gupti' as well as Sindhya inflicted blow with 'gupti' on the deceased. The deceased was hit on his chest, back and other parts of the body and, he started shouting. Seeing this, complainant - PW-1 Pravinbhai tried to intervene. He (PW-1) was also hit by 'gupti' by Dinesh Nathu on his back as well as 'hockey stick' blows were given by Jitu, Suresh and Sashi Valji. Having injured and feared death, the complainant and his other friends had run away from the place of the incident. However, as many people had gathered, the accused persons ran away. The deceased Kanu had died on the spot. The complainant with the help of other people of the locality took the deceased to the 'Muscati Hospital', where the Doctors had declared NEUTRAL CITATION R/CR.A/123/1997 CAV JUDGMENT DATED: 18/10/2024 undefined his brother Kanu Chhagan as dead. As the complainant was injured by blow of 'gupti', he was also got admitted in the said hospital. The police came to the hospital and the complaint was given against the accused persons in the hospital.

13. PW-1 - Pravin C. Babariya had been examined at Exhibit-30. He has deposed that on 07.03.1994, at around 09:30 pm, when PW

- 1 was sitting outside his home, at that time, persons named Palo @ Poonam, Naresh, Kanu and Girish were dancing outside the house by turning on the tape recorder. In the meanwhile, at around 09:30 pm accused no. 1 - Govind Nathu, accused no. 7 - Nathu Khoda, accused no. 9 - Suresh Khoda came near the house and started abusing deceased Kanubhai and told him that he was interfering with the marriage occasion going on nearby, by making loud music on the tape recorder. During the altercation, another accused persons NEUTRAL CITATION R/CR.A/123/1997 CAV JUDGMENT DATED: 18/10/2024 undefined namely, accused no. 5 - Kanu Nathu, came with the 'knife', accused no. 8 - Rajesh Nathu came with 'sword', accused no. Dinesh Nathu with 'gupti' and Sindhya also came with 'gupti'. Jayanti Valji whose marriage was scheduled nearby, came with the 'sword' which is used in marriage and Jitu, Suresh, Sashi Valji came with 'hockey stick' and started abusing Kanubhai Chhaganbhai Babariya. They also told that Kanu Chhagan Babariya was interfering by making loud noises, disturbing the nearby marriage and since he was having illicit relationship with the daughter in the family of the accused, he needed to be done away with. So they started to attack Kanu Chhagan Babariya, Kanu Nathu inflicted blow of 'knife'; Dinesh inflicted blow of 'gupti'; Sindhya inflicted blow with 'gupti' on the deceased. The deceased was hit on his chest, back and other parts of the body and, started shouting. Seeing this, complainant - Pravinbhai Babariya tried to intervene, he was then hit by 'gupti' by Dinesh Nathu on his back and hockey stick' blows were given by Jitu, Suresh and Sashi Valji. Having been injured fearing death, the complainant and his other friends had run away. Many people were gathered on the spot, and thus, the accused persons ran away. The deceased Kanu had died on the spot. The complainant with the help of other people of the local residence took the deceased to the 'Muscati Hospital' wherein the Doctor had declared his brother Kanu NEUTRAL CITATION R/CR.A/123/1997 CAV JUDGMENT DATED: 18/10/2024 undefined Chhagan as dead and as he was injured by blow of gupti, he got admitted in the said hospital. Therefore, the complaint was given against the accused persons.

13.3. It may be noted that the incident had taken place at around 09:30 in the night. The deceased as well as the injured witnesses were at the hospital at around 11:00 in the night and thereafter, First Information Report was lodged at the hospital by PW-1 at around 11:30. The ocular evidence of PW-1 Pravinbhai Babariya is also supported by the inquest panchnama which came to be drawn in the night of the incident at about 12:30 am, wherein crime number registered is mentioned. The inquest panchnama was drawn within one hour from the filing of the First Information Report. Thus, when the events happened in quick succession and all the procedure was followed, there was hardly any scope or reason to disbelieve the injured witness when he deposed that the injury examined was sustained by him on account of the 'Knife' blow. The presence of the witness PW-1 at the 'scene of incident', therefore, cannot be doubted. The version given by the complainant/injured eye witness PW-1 is not NEUTRAL CITATION R/CR.A/123/1997 CAV JUDGMENT DATED: 18/10/2024 undefined only credible, but is corroborated by medical evidence. 13.4. It may further be noted that the autopsy of the body of the victim came to be conducted on the next day in the morning at 11:10 am. Thus, the inquest panchnama as well as postmortem report came to be drawn after registration of the First Information Report. The injuries mentioned in the First Information Report are based on the knowledge of the complainant witness as narrated by him and cannot be said to be based upon the injuries recorded either by the Police in the inquest panchnama or expert in the postmortem report. PW-1 Pravinbhai Babariya had deposed that his brother was attacked with 'Knife' blows and 'Sword' blows on the chest, stomach and on the back part of the body, whereafter he fell down and other accused persons assaulted him with 'hockey sticks'. A perusal of the postmortem report shows that the deceased had sustained the following injuries.

15. PW-2 - Nareshbhai Becharbhai examined at Exhibit-31, deposed that on the date of the incident at around 9:30 pm, while he was dancing along with the deceased Kanu, PW - 1 was sitting outside his home. At that time, persons named Palo @ Poonam, Naresh, Kanu and Girish were dancing outside the house by turning NEUTRAL CITATION R/CR.A/123/1997 CAV JUDGMENT DATED: 18/10/2024 undefined on the tape recorder. In the meanwhile, at around 09:30 pm accused no. 1 - Govind Nathu, accused no. 7 - Nathu Khoda, accused no. 9 - Suresh Khoda came near the house and started abusing deceased Kanubhai and told him that he was interfering with the marriage occasion going on nearby, by making loud music of tape recorder. During the altercation, another accused persons namely, accused no. 5 - Kanu Natha came with the 'knife', accused no. 8 - Rajesh Nathu came with 'sword', accused no. Dinesh Nathu with 'gupti' and Sindhya also came with 'gupti'. Jayanti Valji whose marriage was going on nearby came with the 'sword' which is used in marriage and Jitu, Suresh, Sashi Valji came with 'hockey stick' and started abusing Kanubhai Chhaganbhai Babariya. They also told that Kanu Chhagan Babariya is interfering by making loud noises, disturbing the nearby marriage function and he was having illicit relationship with the daughter in the family of the accused and therefore, he needed to be done away with. So they started to attack Kanu Chhagan Babariya wherein Kanu Nathu inflicted blow of 'knife', Dinesh inflicted blow of gupti as well as Sindhya inflicted blow with 'gupti' on the deceased. The deceased was hit on the part of his chest, back and other bodily parts and, therefore, he started shouting. Seeing this, complainant - Pravinbhai Babariya tried to intervene, wherein, he was hit by 'gupti' by Dinesh Nathu on his back as well as 'hockey stick' blows were NEUTRAL CITATION R/CR.A/123/1997 CAV JUDGMENT DATED: 18/10/2024 undefined given by Jitu, Suresh and Sashi Valji. After having been injured, the complainant and other friends had gone away, however, as many people gathered, the accused persons have ran away. The deceased Kanu had died on the spot. The complainant with the help of other people of the residents took the deceased to the 'Muscati Hospital' wherein the Doctor had declared his brother Kanu Chhagan as dead and as he was injured by blow of 'gupti', he got admitted in the said hospital. Therefore, the complaint was given against the accused persons.