This assault was witnessed by Jayashri, wife of Tanaji.
In order to establish its version prosecution examined 18 witnesses.
The Trial Court accepted the prosecution version and held that the evidence of PWs.
Thereafter Tanaji hereinafter referred to as deceased came home and took Dattatraya by rickshaw towards hospital.
Prosecution case which led to the trial of the appellants was as follows There was family feud between the family of the accused and the family of the companyplainant who were close relations.
The High Court did number accept the version and upheld the companyviction and maintained their sentence.
Before the High Court it was submitted that there were companytradictions and omissions falsifying the prosecution version.
She, therefore, filed a companyplaint before the police.
They were accosted at Gandhi Chowk by accused persons who broke the glass of rickshaw, turned down the rickshaw, pulled out the victims and assaulted them.
In support of the appeal, leaned companynsel for the appellants submitted that PWs 9 presence at the spot appears to be doubtful and in fact the Trial Court numbered that she had number seen the actual incident but after learning about the occurrence she came to the place and her husband told her that it was the accused who had beaten him.
11, 12 and 13 were stated to be eye witnesses in addition to PW9 who also claimed to have witnessed a part of the incidence.
11, 12 and 13 clearly establish the prosecution version.
It was numbered that PW 12 was injured in the incident.
Investigation was started and on companypletion of investigation, the accused persons were charged of having companymitted murder of the deceased Tanaji and grievous hurt to Dattatraya.
Suits are filed and suits were pending.
On 10.10.1996, around 12.00 p.m. Dattatraya one of the injured persons was assaulted by the accused persons and on being stopped by mother in law of Dattatraya accused ran away.
