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2. As per the prosecution case, informant Manoj Natthu Patil i.e. P.W.-1 was serving as a sports teacher in D.S.P. College, Erandol. Kabbaddi tournament was organized in the said college during the period from 04.09.2018 to 06.09.2018. The present respondent No.1 i.e. accused No.1, had attended the said tournament on 04.09.2018. He had outraged modesty of female player there, and therefore, the informant scolded him. At that time, accused No.1 got annoyed and abused the informant and also threatened him of dire consequences, after the tournament is over. On 06.09.2018 at about 8.30 to 9.00 p.m., the informant while watching T.V. at his home, his mother heard commotion outside the house. When informant went outside, accused Nos. 1 to 5 were armed with sword, rod and stones. They were pelting stones on his house. When he asked accused No.2 about the same, he told the informant that he had finished many persons like him. Accused No.2 then Cri.Appeal-795.2023 .odt instigated accused No.1 to finish the informant. Accused No.1 than took out sharp edged weapon and tried to assault the informant. At that time, cousin of informant namely Babaji Raghunath Patil and one Umesh Patil intervened. Accused No.1 gave blow of sharp edged weapon on the stomach of Abbaji Patil, whereas accused No.2 gave blow of sharp edged weapon over the waist of Umesh Patil. Accused Nos. 3, 4 and 5 also beaten Umesh with rods on his head, resulting into grievous injuries. After noticing that both the persons were lying in pool of blood, all the assailants ran away. The informant then took both the injured in the Apex Hospital and thereafter his statement was recorded in Ramanandnagar Police Station, Jalgaon. On the basis of said statement, crime under Section 307, 143, 148 read with Section 149 of the IPC and Section 4 read with 25 of the Indian Arms Act, 1959 was registered under zero number and it was transferred to Erandol Police Station, where it was registered vide Crime No. 63 of 2018. Since, Umesh Patil succumbed to the injuries in the Hospital, offence under Section 302 of the IPC was added.

9. So far as evidence of P.W.-14 Sunil Dattatraya Patil i.e. maternal uncle of deceased Umesh is concerned, he stated that when he was going to his house after closing his shop on the day of incident, he saw crowd including the present respondents/ accused in front of house of informant Manoj Patil at about 8.15 to 8.30 p.m.. According to him, the respondents/ accused had gathered to eliminate the informant. He stated that accused Dashrath told accused Pankaj to kill informant and when Abbaji Patil and Umesh intervened, Pankaj stabbed Abbaji with knife in his stomach, whereas accused Dashrath inflicted knife blows on the waist of Umesh. He also stated that other accused assaulted Umesh on head and other vital parts of the bodies with the help of rods. Though, this witness has stated as per the prosecution story, but from the admission given by him in the cross- examination, it appears that he might not have seen the Cri.Appeal-795.2023 .odt actual incident. Further, the conduct of this witness also appears un-natural. He has specifically stated in the cross- examination that despite going to Apex Hospital, Jalgaon immediately, he did not make any complaint to the police, who had been to that Hospital. He further deposed that he did not recollect as to whether his statement was recorded by the police. Though, he stated that on the next day of the incident, when he had gone to the Erandol Police Station, police had recorded his statement about the incident, however, the record shows that the statement of this witness was actually recorded on 24.09.2018 i.e. after about 18 days of the incident. This witness has clearly admitted the date ''24.09.2018'', on his statement. Thus, it is evident that despite having earlier opportunity to disclose the incident to police, this witness kept mum for about 18 days. Therefore, it certainly gives impression that he had not witnessed the incident, but posed himself as an eye witness being an interested person.