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5. When the car had to slow down to negotiate a speed breaker, as it was approaching the Galaxy Cinema, the Appellant suddenly stopped the motorbike beside the victim’s car, on the side the victim was sitting, and the first accused took out a pistol and fired at the victim, after which the Appellant and the first accused fled the scene of occurrence. The bullet pierced the glass window and hit the victim on his face.

6. It appears that, after the victim was shot, he instructed the complainant to take him to the Hospital of Dr. Pareshbhai, which was nearby. However as Dr. Pareshbhai was not available, the victim was taken to Anand Surgical Hospital of one Dr. Narender Sanghvi, at Siazpur, where the victim was given preliminary treatment. On the advice of Dr. Singhvi, that the victim should be taken to a better equipped hospital, the victim was rushed to Sterling Hospital. In the meanwhile, the complainant filed a complaint under Section 157 of the Criminal Procedure Code with the police who had rushed to the Anand Surgical Hospital on getting information of the incident. The complaint was forwarded to Naroda Police Station and registered as ICR 530/02.

13. The victim who had himself deposed as the 12 th Witness (PW-12) said that the incident had occurred around 4.45 p.m. on 3rd December 2002, when the victim was on his way to his pathological laboratory from his home, in his car being a Tata Indica car, with Registration Number GJI HE 1575, which was being driven by the complainant being his driver. The victim deposed that he was seated at the back, on the left side of the car. When the car was passing by the Galaxy Cinema, it slowed down at a speed breaker. As the car negotiated the speed breaker, there was a noise from the left which the victim, later in cross examination, explained as the sound of an approaching motorbike. On hearing the noise, the victim turned in the direction of the motorbike, which was by the side of the car, and saw that there were two persons on the motor cycle. The pillion rider had a weapon, which looked like a pistol, in his hand. The pillion rider opened fire. The victim was hit by the bullet and he slumped to the right. He said he was taken to the hospital of Dr. Pareshbhai which was near his laboratory but the Doctor was not there. He then asked his driver to take him to Anand Surgical Hospital. He was in severe pain.

14. In course of his examination, the victim asserted that he had seen and could recognize both the Motorcyclists - the driver and the pillion rider, whom he had identified at the Test Identification parade, and also in Court.

15. The complainant deposed as the eighth witness (PW-8). This witness (PW-8) deposed that he had to slow down the car near Galaxy Cinema as there was a speed breaker. At that time there was a bike behind the car with two persons. The person in front had dark glasses and a black cap. PW-3 said that just as he negotiated the speed breaker, he heard the sound of firing and on turning to his left he found that the persons on the bike were driving away towards Chandresh Nagar Society. The person sitting on the pillion had a weapon that looked like pistol or a revolver, which he put into the pocket of his jacket. When PW-8 looked behind he found that the left eye of the victim was bleeding.

26. The 13th Prosecution Witness (PW-13), Dr. Srikant, a Surgeon said that on 4th December 2002 he along with his team of Doctors had performed surgery of the victim who had a bullet injury. The bullet was lodged on the left side of the neck. This Doctor described how the bullet had been taken out. This Doctor also opined that the bullet was lodged in a vital part of the body.

27. From the depositions of the witnesses named above and the documents relied upon, there can be no iota of doubt that the victim was shot on 3rd December 2002 at around 4:45 p.m. near the Galaxy Cinema while he was on his way from his home to his pathological laboratory in his Indica Car driven by his driver, the complainant. Both the complainant (PW-8) and the victim (PW-12) have deposed that while the said car slowed down near Galaxy Cinema to negotiate speed breaker a motor cycle which was following the car pulled up to the left, the pillion rider pulled out pistol and fired at the victim (PW-12) at point blank range and fled away. Both the complainant and the victim have as eye witnesses, identified the Appellant.