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He stated that he was frightened. PW 7 Bababrao asked him to go to Police Station for giving information. He started going to police station, Babhulgaon and crossed about 1 km. distance. One mini-bus was coming from Kalamb side going towards Babhulgaon. He gave a signal. The bus stopped. The driver of the mini-bus one Gawande was knowing him. He requested him to take him to Babhulgaon, but accused Kayyum (A-2) told the driver Gawande not to take him in the bus. However, the driver allowed him to sit near him and he went to police station, Babhulgaon. He then narrated the incident to A.S.I. Mandaokar (PW 16) and lodged his report (Exhibit 145). A.S.I. Mandaokar informed this incident to higher authorities by wireless. Then he alongwith police staff 4-5 in number, went to Naigaon by auto-rikshaw. At that time, P.S.I. Deshmukh and Police Constable Ingole had already died. The superior officers came there. C.P.I. Thorat took the investigation in his hand. After post-mortem examination, the Medical Officer gave the bundle of clothes of deceased in sealed condition and he deposited the bundle in police station, Babhulgaon. He has further stated that on 30-8-1990, he was called in Tahsil office, Babhulgaon for identifying the accused persons in identification parade. He has stated that he identified 16 to 18 persons. He also identified the clothes of deceased and other articles. He has stated in cross-examination that he had gone to Naigaon 2 to 4 times for prohibition raids. He was knowing accused Ayyub prior to this incident and had seen the faces of other accused persons but he was not knowing them by names. He had seen 7 to 8 persons prior to this incident in the bazar as they were coming with other persons who were prosecuted in criminal cases. He has further clarified that he was knowing the name of accused Ayyub, but was not knowing the names of other accused persons while lodging the report (Exh. 145). His statement under section 161, Cr. P.C. was recorded on the next day of the incident and he disclosed the names of other accused persons. He denied the suggestion that the names of other accused persons, were disclosed by him at the instance of C.P.I. Thorat. It has further come in his cross-examination that when PW 4 Chandabai was sitting in front of the room near the door of P.S.O. P.S.I. Deshmukh told him that PW 4 Chandabai had submitted her report against accused Ayyub and there was a possibility of communal riot between Muslim and Boudha and, therefore, P.S.I. Deshmukh asked him to accompany him. He has admitted that they had not received information about the so-called communal riot from others, but he clarified that P.S.I. Deshmukh took him and other staff for controlling the situation. He is further corss-examined in respect of the procedure to be adopted by police in respect of station diary register entries regarding revolver and handcuff. He has further admitted that when they reached Naigaon, nobody informed them about the possibility of communal riot. He has stated that the handcuff was with him and accused Ayyub was giving jerk and therefore, he could not put handcuff to his hand. He and PW 7 Babarao Pawasekar tried to put the handcuff but accused Ayyub was resisting and they were trying to put the handcuff as per the order of P.S.I. Deshmukh. It has further come in his evidence that accused Ayyub resisted about 15 to 20 minutes and thereafter they succeeded in controlling him. Even though accused Ayyub was made to sit by these policemen, still he was trying to run away. Accused Ayyub was made to sit in an auto-rikshaw in between the driver's seat and passenger seat. This witness and PW 7 Babarao had caught hold the hands of accused Ayyub in the auto-rikshaw. He was having a bag in his left hand. He denied the suggestion that accused Ayyub was handcuffed immediately on the spot. From the auto-rikshaw, he saw some 20 to 25 persons came behind the auto. He is definite that police constable Ingole was not caught by any person. He has stated that he learnt later on that Mahabbatkhan (A-23) was admitted in Yavatmal hospital. He has further stated that when C.P.I. Thorat came there on the spot, the photographer had taken the photos of the dead bodies. He denied the suggestion that Police Constable Ingole died because of firing the bullet of the revolver by P.S.I. Deshmukh. He also denied the suggestion that Mohabbatkhan (A-23) had received the bullet injury as a result of the bullet fired by P.S.I. Deshmukh. He said that on 30th August, 1990, he identified the accused Sk. Noor and Daudshaha. The persons in the mob were pelting stones when the auto was in motion and not only this when the auto was stopped, they pelted stones and also beat by sticks on the top of the auto. But the persons were not pelting the stones towards the auto-rikshaw and were not piercing the sticks inside the auto. When P.S.I. Deshmukh and Police Constable Ingole were standing in front of it, they were not moving their sticks but they were convincing the persons of the mob. Some persons in the mob were raising hue and cry and were also abusing. He has stated that after the police custody remand, the accused were remanded in magisterial custody and they were sent in Jail and he did not know whether the accused persons were brought in the Police Station for identification parade. Similarly, he had no idea whether the permission of Judicial Magistrate was obtained for producing the accused for identification parade. He admitted that at the time of writing report, he did not mention that accused Ayyub was arrested near the school. They were taking him in auto-rikshaw. Similarly, the wife of accused Ayyub Afasanabi raised a cry when policemen caught Ayyub and the persons who pelted stones, hit the sticks on the top of the auto. Similarly, the names of persons who caught him and dragged him are not mentioned in his report. He has admitted that when he went to police station he was not remembering the sequence of firing of the bullets and he did not recollect the name of injured Mohabbatkhan (A-23) and, therefore, did not tell the same while submitting the report. He has further admitted that he did not disclose the colour, height and age and the clothes of the accused persons while recording his statement. But he is definite that he had seen some of the accused prior to the incident in a bazar. The only thing is that he cannot tell the exact dates. He states that he did not see accused Yusufkhan, Hasankha, Noorkha and Mohabbatkha in the bazar, but he saw them in police station. He has given the sequence how the persons from the auto were dragged. Babarao Pawasekar (PW 7) was dragged first from the auto, then this witness was dragged and, thereafter, accused Ayyub was dragged. He has admitted that it is not in his police statement that accused Mohabbatkhan took the right hand of P.S.I. Deshmukh towards back side and twisted it. Similarly, he did not state specifically before the police that accused Noorkha and Kayyum caught the left hand of P.S.I. Deshmukh. He also did not state in his police statement that after firing three cartridges by accused Ayyub, the revolver fell down from his hand. He denied the suggestion that the revolver was not in the hand of accused Ayyub. He has further stated that he had gone to Naigaon number of times prior to the incident.

27. Pashamiya Razak (DW 2) has stated that after the incident. Police Patil Mohanrao Kapse asked him to accompany to S.T. Stand, Naigaon. Therefore, they proceeded to go to S.T. stand. On the way, he saw, some persons were coming from the bus stand side. He has stated that he saw accused Ayyub who was also running and coming towards Naigaon village. The handcuffs were in his both hands and rope was attached to it. When this witness and Police Patil had tried to talk with him, he ran away as he was frightened. He saw the dead bodies of P.S.I. Deshmukh and P.C. Ingole lying near the Neem-tree and he also saw accused Mohabbatkhan (A-23) who was sitting near the hotel of one Ramesh. He has stated that Babarao Pawasekar (PW 7) was present near the dead bodies and he told him that P.S.I. Deshmukh fired first bullet to accused Mohabbatkhan, second bullet to P.C. Ingole and third bullet he at himself fired. Then he narrates about the coming of the mini-bus from Kalamb side and accused Kayyum (A-2), accused Hasankha (A-6) and accused Yusufkha (A-5) put accused Mohabbatkhan (A-23) in that mini-bus and that bus went towards Babhulgaon. In cross-examination, he has admitted that he has not informed about the important things i.e about the handcuffs of accused Ayyub who was running away and about the talks between PW 7 Babarao and himself in writing, though he is matriculate. Though the C.P.I. Shri Thorat (PW 19) has pasted notice in Gram Panchayat Office in connection with this incident, this witness did not see C.P.I. Thorat nor did he send any complaint to higher authorities. He further admitted that there was one hotel which was constructed of dry stems (Kud walls), but he states that that hotel was belonging to one Deshmukh and dead body of P.S.I. Deshmukh was lying near the western corner of that hotel. He has also admitted that the hotel is shown in the photographs (Exhibits 161 and 139) and the article F in that photograph is that same hotel. He knows Ramrao Khandare because he was residing at Naigaon since last 5 to 6 years. He further stated that there was only one hotel belonging to one Ramesh Bawane and the other hotel was closed in the month of June, 1990.

42. The defence has further tried to urge that accused Ayyub (A-1) was handcuffed by policemen and, therefore, he could not snatch away the revolver and fire the bullets. The prosecution evidence in this regard is of PWs 3, 5, 6 and 7 that accused Ayyub (A-1) was not handcuffed by police. The suggestions were given to witnesses 3, 5 and 7 that when accused Ayyub was arrested by police near the school, he was handcuffed which they have denied. Their evidence is that inside the auto-rickshaw the policemen were trying to handcuff accused Ayyub (A-1) but he was resisting and therefore, they could not handcuff him. PW 5 Ravi Markand has stated that handcuffs were deposited in Police Station. Accused Ayyub (A-1) has taken defence as under :

"Two Policemen caught me and put handcuff in my both the hands. They dragged me and made me sleep in the auto-rickshaw near the passenger seat. Two Policemen who were sitting in the passenger seat, put their legs on my person. Two policemen sat near the Auto-rickshaw driver. The Auto Driver started the Auto. The Auto reached at the S.T. stand and it was stopped by P.S.I. for light refreshment. The P.S.I. got down. The P.S.I. told the other persons who had collected there that Ayyub is vagabond. The accused Mohabbatkhan asked P.S.I. as to why for he is taking Ayyub. In the meanwhile so many persons collected there so P.S.I. Deshmukh fired one bullet and it was hit to accused Mohabbatkhan. Then he took aim towards Mohabbatkhan for firing second bullet but it was wrongly hit to Police Constable. The other people started running when the aforesaid firing was going on. Two policemen who were sitting near me in the Auto-rickshaw they come out. Then I ran away towards the village Nayagaon. Then I went to the house of one Panchal (Blacksmith). Then I asked him to break the handcuff. The handcuff was broken and then I went to the jungle i.e. field, and I stayed in the jungle for whole night. Then I threw the handcuff in the bushes of that jungle."