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7. PW 1, Informant Mahak Singh, has corroborated the F.I.R. version in his evidence and submitted that he was the eye witness of the occurrence. At the time of attack, accused Dhara Singh was having Kharpali in his hand and other accused persons were carrying Lathies. They started beating Satya Pal with the weapons which were carried by them in their hands. At that time, he was approximately 25 steps behind his brother. Having seen the occurrence he shouted the voice for help. After sustaining the injuries, Satya Pal had fallen down. Informant also received injuries of Lathi/Danda and had fallen down on earth due to his injuries. After occurrence, Mahipal carried them at his residence by bullock cart. Informant dictated his application to Krishna Pal and handed over the application/Tehreer to Police. They were sent by Police to Chaprauli Hospital for treatment but the doctor was not available there. Thereafter, they were carried to Baraut Hospital. On the way, injured Satya Pal succumbed to the injuries sustained by him. At Baraut Hospital, informant got medically examined. The witness also discribed about the motive of occurrence that approximately 8 months prior to the occurrence his brother Satya Pal was coming with bullock cart. Accused Dhara Singh was also coming behind him by a tractor and was trying to overtake the bullock cart of Satya Pal but he could not succeed. Due to the above reason some quarrel took place between accused Dhara and Satya Pal and for the aforesaid reason accused Dhara developed the enmity with Satya Pal. Co-accused persons Sahab Singh, Dharamvir and Charan Singh are the sons of accused Dhara Singh and Shri Pal is his nephew.

8. PW 2 Chandan Singh has stated in his oral evidence that on the date of occurrence, upon hearing the voice of informant, he reached on the spot and had seen that accused Dhara, with Kharpali and other accused persons with lathies were beating Satya Pal. When Mahak Singh (informant) intervened and tried to rescue his brother, he was also beaten by lathies. The injured Satya Pal was taken to his village by bullock cart.

9. PW 3 Feru deposed that approximately 7-8 months prior to the murder of Satyapal, the witness was going towards his field with Ranveer. On the way, he saw that Satyapal was coming with Buggi (bullock cart), behind him accused Dhara was coming by his tractor. Satyapal had carried paddy in his bullock cart. Dhara was saying to give him pass but Satyapal refused as the passage was as narrow as there was no proper room to overtake the bullock cart. Due to the reason some hot talk took place in between them and also they scuffled. The witness PW 3 and Ranveer interfered and mediated to subside the dispute. Thereafter, both the persons moved towards the village abusing one another.

60. Legally it cannot be concluded that since motive of crime is not established by prosecution, hence the evidence of witnesses are liable to be rejected. The motive of occurrence which has been shown by the prosecution is that before few months from the date of occurrence, a dispute on the point of overtaking of vehicle took place between deceased and Dhara. While accused Dhara was coming by his tractor behind the Buggi of Satya Pal. The passage was narrower, hence, Satya Pal was not providing room for tractor to overtake his Buggi. Both the persons were residents of same village and were going in same direction. Witness PW-3 had admitted that it was an usual and common incident. Witness also interfered and facilitated by mediation to terminate the dispute on spot. Witness PW-3 further stated that there are partibandi of two groups in the village, but he does not know who belongs to which party. The accused persons in their statement under Section 313 Cr.P.C. had not given any detail regarding the enmity due to the reason of such partibandi. Therefore, it cannot be presumed that the occurrence in question was the result of clash due to partibandi leading to any false implication of accused persons. The factum of partibandi has not been proved by any cogent evidence. No evidence of any other previous enmity with accused persons or with anybody has been brought on record or proved. The deceased was a young boy of 26 years age whereas accused Dhara Singh was of 70 years old. Other accused persons Sahab Singh, Charan Singh and Dharamvir Singh were sons of Dhara. Accused Shripal was nephew of Dhara Singh. Witness PW 3 narrating the motive had stated in his evidence that Dhara was trying to overtake his tractor from the Buggi of Satya Pal. Satya Pal was not providing way to tractor, on the above point, during the course of dispute, after oral altercation, they grappled one another. Satya Pal slammed Dhara Singh to the ground. Although the matter was settled at that time yet it might have been the reason that accused persons were feeling insulted/enmity with Satya Pal, which was raising day by day and culminated in the shape of attack on Satya Pal by the accused persons. Always the motive remains in the mind of the assailant which is not fathamable by other persons/prosecution.