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4. Afzal had hit a Danda from front which had hit handle of the motorcycle, as a result of which, he had fallen down from the motorcycle when Bablu who was wielding a rod, exhorted to kill them. He had pushed Bablu and Jaleel who were wielding swords and after picking his motorcycle, ran towards the village. He saw Mukesh being beaten, therefore, at some distance he stopped his motorcycle and called Mahesh and other villagers. When he reached Toomda village then he was informed by people that Mukesh was dragged by Afzal and his brothers by tying him with the Sumo vehicle towards Fanda road.

11. Rajendra Singh Mewada (PW-1) admits in para 10 of his cross- examination that though he had seen deceased Mukesh being beaten but had not seen Mukesh being tied with Sumo vehicle and being dragged towards Fanda. In para 11 of his cross-examination, he admits that he had not seen Radharaman parking his Safari vehicle but later on stated that he had seen Radharaman taking Mukesh to the hospital in his Safari Vehicle. He further deposed that he had narrated as per the evidence of others that Radharaman had followed Sumo vehicle in his Safari vehicle.

14. It is further pointed out that even presence of Jaleel at the place of incident, is doubtful, inasmuch as, Arjun Mewada (PW-2) is also not a creditworthy witness. Drawing attention of this Court to the Spot Map, Ex.P-7, it is submitted that place of incident is marked as 'A' in front of house of Nannu Lal Patwari which is apparently situated on a road going towards Pataniya. It is submitted that according to Gopal Soni (PW-7), his shop is at point 'E' which is on an inner road on the main road moving from Fanda to Doraha behind Allahabad bank and Arjun Mewada (PW-2) had met Jaleel Bhai at Masjid mod, which is near 'B' and the distance between 'A' and 'B' is about 350 meters approx., therefore, it is pointed out that when Arjun Mewada (PW-2) had met Jaleel at Masjid Mod and he had asked Jaleel to counsel his brothers but Jaleel had gone towards Doraha, as is mentioned in para 3 of examination-in-chief of Arjun Mewada (PW-2), whereas accused according to the prosecution story after incident taking place in front of the house of Nannu Lal Patwari, had dragged deceased Mukesh towards Fanda which is in the opposite direction to Doraha. Even presence of Jaleel at the place of incident is not proved and, therefore, his conviction with the aid of Section 149 of IPC is contrary to the evidence of Arjun Mewada (PW-2), who claims himself to be an eye-witness.

55. Radharaman (PW-10) has attributed his narration to Gopal Soni (PW-

7). Gopal Soni (PW-7) has clearly deposed that he had seen Mukesh being dragged by Afzal, etc. from a vehicle. His legs were tied to a Sumo vehicle. When this evidence of Radharaman (PW-10) is read with that of Gopal Soni (PW-7) then story of Mukesh being dragged after tying with a Sumo vehicle gets corroborated from the evidence of Dr. C.S. Jain (PW-9) who has deposed that all the injuries were caused due to friction and dragging. There is no relevant cross-examination on this aspect, though lengthy argument has been advanced by Shri Prasanna Namdeo, to dispute the fact of deceased being dragged. When all these facts are taken into consideration then involvement of Afzal, Tahir Ali @ Bablu, Iqbal Ali and Raees, cannot be disputed.