The accused who were living in Flat No.26 in Madhuben Apartment were also arrested from their residence.
A neighbour Kishorebhai also reached the place immediately and helped the others in taking Indrasinh to the hospital.
Indrasinh, however, left the house for purchasing a beedi from the adjoining shop.
Ravubha, however, called out to him to return to the house immediately and a few seconds later Ravubha and Lilaba heard Indrasinh seeking help.
The prosecution in support of his case relied on the statement of 14 witnesses, including the two eye witnesses, the parents of the deceased Ravubha and Lilaba, and in addition to the medical evidence and the evidence of the recovery witnesses.
On the companypletion of the investigation, the three accused were charged for the offences mentioned above.
On seeing Ruvabha and Lilaba the three assailants ran away after throwing the knife and its scabbard on the floor.
Other relatives of Indrasinh and the police were also informed on the phone as to what had happened.
PSI Jala also reached the place of incident, made the necessary enquiries and picked up the knife and scabbard from the place where the assailants had thrown them.
They rushed out of their apartment and saw that Indrasinh had been caught by the first accused Balchandra Parmanand Panchal and his son Hitesh Balchandra whereas the second son Dilpesh Balchandra, the appellant herein, was inflicting knife blows on him.
A police party reached the place shortly thereafter and PSI Jala, who was on patrol duty was informed on the wireless.
The PSI then returned to the Police Station and thereafter proceeded to the Rambagh hospital and recorded the statement of Ravubha whereupon a case under Section 302 and 114 of the IPC and under Section 135 of the Bombay Police Act was registered.
HARJIT SINGH BEDI,J. This appeal by way of special leave arises out of the following facts th On 16 August 1999 at about 8.30 p.m. Ravubha the companyplainant and his wife Lilaba along with their son Indrasinh and his wife and children were at their residential Flat No.28, Madhuben Apartments, village Aduput, District Kutch.
