For this locality are provided public latrines circumscribed with a companypound wall with entrances on the east and on the south.
Seeing that Ganesh Dhage was being attended to by his brother Keshao Dhage, he rushed to City Kotwali Police Station Akola and lodged companyplaint at 8.10 a.m. Many people including the eye witnesses stated to have witnessed the incident.
The persons viz.
The prosecution case further depicts that the accused persons proceeded towards the farm house owned by accused number1 and situated on the road to village Loni.
The doctor has stated that the injured had number given the names of the assailants and that he was capable of talking when the doctor examined him.
Shrawan Bhirad, Kamal Bhirad, Anil Bhirad, Arvind Bhirad, Surendra Bhirad, Wasudeo Bhirad and Vidyadhar Bhirad were amongst the assaulters.
They started to assault me by means of swords.
The assailants got into the said Jeep and asked the driver Khaja Aminoddin to drive it towards Balapur side guiding him to take the Jeep via Paras, Akot, Daryapur, Amravati, Chadur Railway and further to Wardha, and reached Nagpur, at about 4.30 to 5.00 p.m. There they asked the driver to take the Jeep back to Akola and Aminoddin brought it to Akola, at about 10.00 p.m. at the residence of the owner of the Jeep.
Every wound has underlying outer table fractures of skull bone.
When however near the gate inside the premises, he slipped his feet due to a ditch with mud and fell to the ground and was caught by the said persons, who happened to be chasing him.
The aforesaid persons of the Bhirad family were working against me in the election of Nagar Parishad.
It is at that juncture, they assaulted Ganesh Dhage with swords all over his body making him suffer numerous incised wounds.
Ambadas, however, has expired during the pendency of the matter before the High Court.
When my friends came to know this incident they came to the spot of occurrence and brought me to the hospital.
At Akola, after the assault in the meantime the brother of Ganesh Dhage i.e. Keshao Dhage and one Venubai got Ganesh Dhage into a rickshaw and took him to the Main Hospital Akola.
Ganesh Dhage was admitted in the hospital and attended by one Dr. Bhagwat, who found the following injuries on his person Right forearm multiple incised wounds which were bone deep.
There was already stationed a Jeep brought by accused number.1 and 2 from Wamanrao Pundlikrao Patil, resident of Village Bhaurad PW.5 .
Sensing the danger, he rushed through the eastern gate of the latrine premises and went inside just to get out of the same through the southern gate.
The incident was also seen by another brother of Ganesh Dhage i.e. Kishore Dhage P.W.9 .
Incised wound on right knee anteriorly and laterally, 9 x 2 joint cavity deep, upper articular surface of tibia was chopped out anteriorly.
Completing the assault, the assailants accused number.1 to 7 and deceased Anil rushed back from the eastern gate and got into the car and went away.
The toes medially were hanging by a skin tag dorsally 4 length.
During the cross examination on behalf of the accused, only one question was put and it was about Ganesh Dhage telling the doctor about his having been assaulted by some persons.
Getting on his feet when he however, looked backwards he has stated to have seen accused number.1 to 7 and deceased Anil Bhirad getting out of the car armed with swords.
The Additional Sessions Judge, Akola, on basis of the evidence available on record recorded the finding of companyviction against the appellants for offences under Sections 147, 148 and 307 read with Section 149 of the Indian Penal Code for having formed an unlawful assembly on 29th June, 1985 at about 8.00 a.m. and assaulted Ganesh, P.W. 1 in a locality known as Shivaji Nagar of Akola with the aid of swords.
The learned Sessions Judge had the advantage of having Ganesh examined in Court as PW1, apart from four other witnesses said to be the eye witnesses, namely PW.3, PW.7, PW.8 and PW.9.
I sustained more injuries by means of the swords held by Wasudeo Bhirad, Ambadas Bhirad and Surendra Bhirad.
Left upper extremity.
They were assaulting me by means of the swords.
MZQ 581 owned by Shrawan Bhirad came from his back side and dashed him whereby he was tossed and fell to the ground.
Multiple incised wounds on the scalp about 15 in number of varied dimensions and were bone deep.
On the eventful day in the morning when Ganesh Dhage was proceeding to the latrines to ease off, a Fiat car bearing No.
BANERJEE, J. The appellants herein all belong to the family of Bhirads Whereas Shrawan Bhadaji Bhirad, appellant number1 is the father Kamal Shrawan, Arvind Shrawan and Surendra Shrawan are the sons being appellant number.2, 3 and 4 and Gajanan, Vasudeo and Ambadas are the nephews.
The soft tissue injuries were extending upto middle 3rd of arm.
