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PW 17 Suresh Gayakwad is another witness relied upon by the trial Court so as to corroborate the evidence of the approvers. PW 17 Suresh stated before the Court that the distance between Gokul Nagar and Poladpur Police Station is about half km. and on 9.10.1986, there was a dance programme in the courtyard of Bhairavnath Jogeshwari temple between 10 p.m. to 2 a.m. This competition was between the dancers of village Kathe Tali and Divil. There was quarrel between these two dance parties about 1.30 a.m. to 1.45 a.m. and therefore, the public disbursed. In that crowd, he had seen accused no.5 Tatyaba Chikane and asked him that he had also come to see dance competition. Accused no.5 told him that he came to know about the dance competition, he attended the same. On the next day at about 6 a.m. when he went to Poladpur for selling milk, he had seen accused no.5 coming out from the 16 cr-apeal-407-451-91 hut behind Avadhoot hotel at Poladpur and in the said hut, liquor was available. He had also seen accused no.4 in the house with accused no.5 and asked accused no.5 as to how he was there at Poladpur till that time and he did not go to his village. Accused no.5 replied him that he wanted to go to Mahad. When this witness reached Poladpur town, he came to know that there was a fire in the bank. In his cross-examination, he admitted that he used to serve the police department and he was a dismissed police constable. However, on the day of the incident, he was in the service as police constable. He denied the suggestion that he was a got up witness and he had not seen accused no.5 at the time of the dance programme as well as in the morning coming from the hut.

21 cr-apeal-407-451-91 1 and 2 along with one third person reached the said spot in an auto rickshaw. Accused no.1 along with said person went to the Bazar Peth of Poladpur to bring some more persons for help. Accused no.1 returned without any help and he informed accused nos.4 and 5 to proceed with the assigned work on their own. However, both of them, returned to Gandhar Pale in a truck and went to sleep in the room behind bungalow of accused no.2. Accused no.2 returned at about 2.30 a.m. and started abusing them as they did not complete the assigned work. On 9.10.1986 accused nos.4 and 5 were taking their food at about 9.00 to 9.15 p.m. accused no.2 along with accused no.3 reached there and informed them that accused no.3 had left the northern side door of the bank unlatched from inside and the assigned work of burning the papers would be required to be done by them in the night. He along with accused no.5 were taken in the truck by accused no.2 with a plastic can containing kerosene. They were first taken in the hotel in Poladpur in a truck at about 10 p.m. and accused nos. 2 and 6 went away with the truck leaving behind accused nos. 4 and 5. Accused no.5 concealed the plastic can containing kerosene in the bushes near the check post at Poladpur. Both of them went to hotel of Shri. Butla near S.T. stand. At that time, there was dance competition going on in the Kalbhairava temple. Both of them attended the dance programme upto 1 a.m. and returned to the place where the plastic can of kerosene was concealed. They again went to the 22 cr-apeal-407-451-91 hotel of Butala for taking tea and returned to the place where the plastic can was kept. They took out plastic can and proceeded to the bank and reached the bank around 2 a.m. Accused no.5 had first opened the northern side door of the bank and told accused no.4 to go inside the bank with plastic can and pour kerosene on the documents and set them on fire. Accused no.4 therefore, entered the bank and poured kerosene on the documents and with the help of match stick set the fire and came out from the same door where the accused no.5 was waiting. He simply pulled the door and both of them went to Poladpur bus stand at about 3 a.m. They took rest at the S.T. stand and then went to river Kathe tali at about 5 a.m. for answering the natures call and thereafter, accused no.5 took him to the place where the illicit liquor was available. Accused no.5 consumed liquor and both of them came to Mahad at about 8 a.m. by truck. They took bath in the river at Gandhar Pale and slept there under a tree. Then they went to accused no.2 at his bungalow between 5 to 6 p.m. and narrated the entire incident. They were assured that nothing would happen. Accused no.4 then went to normal duty for supplying water to the construction of a factory at M.I.D.C. Birwadi. On 11.10.1986 he was arrested at about 11 p.m. by the police at M.I.D.C Birwadi. He stated before the Court that as per the direction of accused nos.1 and 2, he himself along with accused no.5 burnt the documents in the bank by pouring kerosene with the help of match stick. He identified accused no.1 23 cr-apeal-407-451-91 as well as accused no.3 in the Court. In his cross-examination, he admitted that from 2.10.1986 to 12.10.1986 were the days of Navratri and the Gujarati people used to arrange Garba dance during these ten nights.