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appellant No. 4 Babya @ Rohidas Narayan Jadhav will be referred as accused No. 4 and appellant No. 5 Mahesh Nivrutti Gogavale will be referred as accused No. 5.

2. The prosecution case briefly stated, is as under:

(a) There were strained relations between deceased Ankush and accused No. 1 Ravindra. The deceased was staying at Mahad. His wife PW 2 Sheetal was staying at Morve. On 30.6.2009 at about 7.00 p.m., PW 2 Sheetal who was the wife of deceased Ankush received a phone call from her husband that accused No. 1 Ravindra and accused No. 5 Mahesh were bringing some persons to kill him, so he is returning to Morve.

Ankush was taken to Rural Hospital, Mahad by Sudhakar. Police recorded the FIR lodged by PW 1 Sudhakar. The said FIR is at Exh. 34. Thereafter, investigation commenced. Meanwhile Ankush expired. His body was sent for postmortem.

After completion of investigation, the charge sheet came to be filed. In due course, the case jfoanz vkacsjdj 4 of 12

Sudhakar noticed three persons proceeding on one motorcycle towards Birwadi. Sudhakar then took Ankush to jfoanz vkacsjdj 6 of 12

6. cri apeal 98-11 (j).doc Rural Hospital, Mahad. Sudhakar then lodged FIR. It is pertinent to note that Sudhakar has stated that he will not be able to identify any of the accused. It is further pertinent to note that Sudhakar has not been declared hostile by the prosecution.

Ankush was residing at Mahad and Sheetal was residing at Morve. Sheetal has stated that her husband had told her that his relation with accused No. 1 Ravindra was strained and he is not on talking terms with him. Sheetal has further stated that on 30.6.2009 at 7.00 p.m., she received a phone call from her husband and her husband informed her that accused No. 1 Ravindra and accused No. 5 Mahesh are bringing some persons to kill him, so, he is returning to Morve. Though according to the prosecution, such phone call was received by Sheetal from her husband, we find it unsafe to rely on her testimony because she has not disclosed this fact to the senior members of the family.