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1998. The said witness had gone to Belgaum Hospital along with the deceased Namdeo and had taken treatment there. In his evidence, there is omission insofar as that part of his evidence which states, "I told police that bullet brushed to my left hand and sustained injury". He has also admitted in his evidence that he was in jail in connection with murder case of Harshad Pilankar. He also states that though the blood was dropped on his clothes and though the police had seen those clothes, the same have not been seized. He further admitted that, prior to discharge from Government Hospital, he came to know that Namdeo died and in spite of that he had not gone to the police station for a period of eight days. Though in his statement before the police he has stated that Gopal Bandiwadekar tried for his and Krishna Koduskar's bail in the murder case of Harshad Pilankar, he retracted from the same and denied of having said the same. Said contradiction has been duly proved. It is not in dispute that the said witness is employed by complainant Gopal on his grain-shop. Insofar as his evidence in Sessions Case No.43 of 2006 is concerned, it is admitted that he was employed with complainant Gopal for a period of four years prior to the incident. Though in his evidence in Sessions Case No.193 of 2002, he has denied of complainant Gopal has tried in getting the bail for him in the Apeals1155-1156JT.

murder case of Harshad Pilankar, he has admitted in Sessions Case No.43 of 2006 that Gopal had made an attempt to secure bail for him. In his evidence he also admits that, after he had received injury from bullet, he had become frightened and ran away from the spot. In view of this categorical admission, it is difficult to believe the version of this witness that he has seen the assault by Prakash on deceased. The said witness who is an employee of complainant Gopal, and who was completely under the obligation of complainant, inasmuch as he had tried for him in getting the bail in murder case of one Harshad Pilankar, does not appear to be a witness whose evidence would inspire confidence in the Court.

that, his evidence contradicts the evidence of three police officers. Whereas, PW-23 API Bhagwan Patil, PW-24 PI Dhairyashil Pawar, PW-20 PSI Chandrakant Ombase, state that they had gone to chase the vehicle used by two accused in Maruti Esteem, he states that he saw police officer Ombase going in police jeep. He further states that though initially he did not tell anything to PSI Ombase, he has admitted in his evidence that he had come to the Court in police jeep. He further admitted that he is accused in murder case of Harshad Pilankar. He further admitted that Gopal Bandiwadekar tried for his bail in the said case. In his cross-examination he has admitted that, when he had been arrested in the murder case of Harshad Pilankar, complainant Gopal and other people used to visit him in the jail. He further admitted that it was the allegation of Ramchandra Bandiwadekar that Masjid Jamadar and Pandu Gondhali and the others were involved in the murder of Maruti and PSI Ombase has not conducted the enquiry properly. Though in his evidence he has stated that Shivaji had fired one bullet from pistol, his statement before the police is that Shivaji had fired 5 to 10 bullets from his pistol. It is further to be noted that, in his evidence in Sessions Case No.43 of 2006, this witness had admitted that Harshad Pilankar was murdered by relative of Pandurang Apeals1155-1156JT.