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4 Jagannath was working as Driver on the Tractor Trolley of deceased Tanaji.
5. The incident giving rise to this case took place on 4 th March, 1989. On that day, at about 2:30 pm, while deceased Tanaji and PW-4 Jagannath were sitting in their field, after carrying out usual farming activities, Accused No.1 Sudhakar arrived there with a loaded tractor and trolley. He was driving the tractor and Accused No.2 Shahaji and Accused No.3 Pandurang were sitting on the trolley of the tractor. Accused No.1 Sudhakar picked-up the quarrel with deceased Tanaji on the count that due to the APEAL-69-REVN-9-APEAL-634.doc water clogging in the field of deceased Tanaji, he is finding it difficult to proceed from the said field. Accused No.1 Sudhakar threatened deceased Tanaji of dire consequences and also of twisting his testicles, on their return way. Giving such threatening, Accused left for their field.

Both of them fell the deceased on the ground behind the trolley.

They sat on the chest of the deceased and beat him with fist blows and legs. Accused No.1 Sudhakar also twisted the testicles of the deceased. PW-4 Jagannath intervened and pulled Accused No.1 Sudhakar aside. PW-5 Baban and PW-6 Tukaram separated deceased from the Accused. Then Accused left with their tractor towards their residence at Village Kodoli.

Deceased Tanaji replied that, he had not purposely allowed the water to spread on the road, but it was the water pipeline belonging to the Accused, which was passing through his field and on account of the leakage from that water pipeline, the water was clogged; even his own crops were damaged because of the said water clogging. Tanaji then tried to pacify Accused No.1 Sudhakar. However, Accused No.1 Sudhakar was not in the mood to be pacified. He again threatened the deceased of twisting his testicles. Accused No.3 Pandurang exhorted Accused No.1 Sudhakar to hold the deceased and not allow him to go away and further to kill the deceased. Accused No.1 Sudhakar then stopped the engine and got down from the tractor, held the APEAL-69-REVN-9-APEAL-634.doc deceased by his neck and pressed the neck of the deceased with his right hand. While doing so, Accused No.1 Sudhakar pushed the deceased towards the trolley. Accused No.2 Shahaji also got down from the tractor to join Accused No.1 Sudhakar. Both of them beat the deceased with fist blows and kicks on his chest, ribs and thighs. They fell him on the ground and sat on his chest.

Accused No.1 Sudhakar then also twisted the testicles of the deceased. Meanwhile, PW-5 Baban and PW-6 Tukaram intervened and pulled the Accused away, separating the deceased from their clutches. Accused then left the spot in their tractor trolley.

PW-4 Jagannath has also spoken about the presence of PW-5 Baban and PW-6 Tukaram at the time of incident and in their evidence, both these witnesses have spoken about the presence of PW-4 Jagannath.