Her brother fell down and the assailants ran away.
She was near the toilet.
They were talking loudly and accused No.4 was abusing her brother.
On 12.2.1996 police charge sheeted all the accused before the learned Metropolitan Magistrate 13th Court, Bombay as per charge sheet and on 26.2.1996 their case was companymitted to the Court of Sessions.
P 16A and proceeded with the further investigation.
Appellant was first accused A 1 .
On 16.01.1996, police recovered dagger Art.
On 16.12.1995 the case was marked to P I Palele for further investigation who recorded the statements of Kallu Verma, ii Kailash Bansode, iii Shankar Delare, iv Kishore Solanki, v Moh.
All the other accused were standing near the garbage bin.
Vitthal, Mohd.
Naseem, Subhash Khandare, Salim, Naresh and other persons came running there.
Then Babu removed a sharp edged weapon from under his pant and shirt and started giving blows on the stomach of Yasin.
M 8 at the instance of accused No.1 as per the panchanama Exh.
M 9 at the instance of accused No.3 Kisan Pandurang Gavli as per the panchanama Exh.
P.C. Thereafter, police party visited scene of offence and scribed the spot panchanama which is Exh.
She as well as her brother shouted Bachao Bachao.
Ali, Nitin, Milind and Sandeep standing near the heap of garbage near the said Sulabh Sauchalaya.
Ali and Krishna also gave blows with the weapons in their hands.
After returning to the Police Station, he treated the statement of Bahida as FIR, filled in the proforma of FIR Exh.
On 06.02.1996 police sent all the muddamal articles to Chemical Analyst.
The appellant faced trial alongwith 8 others.
Questioning their companyviction appeals were filed before the High Court and as numbered above the High Court affirmed the companyclusions of the guilt and the sentences imposed.
Ali sat in the said Taxi, threatened the driver of the Taxi, Nitin got down from the taxi and said taxi sped away towards the Jarbani Road.
Yasin was shouting Ma Bachao, Bachao, then he went little ahead and fell down near Diamond Electric Store.
Police received report of muddemal articles which is at Exh.
Her brother had died.
This is in essence prosecution case.
Then Babu removed his hand from the shoulder of Yasin and started abusing Yasin.
1 to 4 fled in that taxi.
When she was passing near the house of Subhash Kharkhare, she numbericed Vitthai, Shiva, Krishna, Mohd.
The accused persons faced trial for alleged companymission of offences punishable under Sections 144, 148, 302 read with Section 149 of the Indian Penal Code, 1860 in short the IPC .
from the place of the incident.
The B.M.C. street light and the lights of nearby houses were sufficient for the purpose of identification.
Then he started assaulting her brother with a long weapon like gupti.
On 17.12.1995, they arrested accused No.2 Shiva Yashvant Tambe.
They all also caught him and assaulted him with weapons in their hands.
The trial Court after analyzing the evidence of PW 1 found her to be a trustworthy witness and relied on her evidence and rejected the plea of the accused persons that prosecution version cannot be accepted only on the basis of PW 1s evidence.
When accused No.4 was assaulting her brother, all the other accused who were standing closeby came near her brother.
She has further deposed that she was at a distance of about 12 ft.
Nitin, Milond and Sandeep ran away towards the Cemetery.
She returned to the spot and found that her brother was number there.
The prosecution has examined 15 witnesses many of whom are stated to be eye witnesses, except PW 1 who is the sister of the deceased, others resiled from their statements made during investigation.
companyplainant Sahida Shaikh PW1 was going to Sulabh Sauchalaya Public Toilet situated at Prabuddha Nagar Hutments, Suweree, Wadala, Bombay 15.
Since accused persons abjured guilt, trial was held.
On 15th December, 1995 at about 11.30 p.m. when she went to attend the natures call near the public toilet, she saw accused No.4 with her brother, the deceased.
On 15.01.1996, police recovered Gupti Art.
Nobody came for help.
Accused No.5 Mohammed Ali Ismail Aamadare, accused No.7 Milind Dhondu Gaikwad.
P 77 and passed on the information to PC22794 who was on duty at RAK Marg Police Station.
Only three appellants questioned the companyviction and the sentence and three appeals were disposed of by the impugned judgment as numbered above.
She also numbericed that Babu came out of the house of Subhash Khandale keeping his hands around the shoulder of Yasin hereinafter referred to as deceased and they were talking and going towards the said Sauchalaya.
She also went to the Hospital with her mother and came to know that Yasin had expired.
Shiva, also took out sharp edged weapon which he was hiding on his person and said Maro Sale Ko, and gave blows with the said weapon on the stomach and different parts on Yasin.
The said persons who were standing near the garbage heap, came near the Yasin and Babu.
The police officer went to KEM Hospital.
Accused Nos.7 and 8 caught his hands, accused No.6 caught him by the hand, accused Nos.1, 2, 3 and 5 started assaulting him with weapons in their hands which were like gupti.
The accused No.4 had kept his hand on her brothers shoulder and they were going towards the toilet.
Prosecution version which led to the trial of the accused persons is essentially as follows On 15.12.1995 at about 2330 hrs.
EPR Constable Vishwas B. Sarate PW15 was on duty at KEM Hospital, recorded the report of said incident which is at Exh.
701 of 2000 and Milind Dhondu Gaikawad filed Criminal Appeal 702 of 2000.
Salim and Naresh removed Yasin to the KEM Hospital.
PSI Chorge PW12 who was Station House Officer on duty went to the KEM Hospital, recorded the statement of companyplainant PW 1 obtained running R. number which was 431/95, scribed the inquest report of Yasin which is at Exh.
She stood there and watched the incident.
Hearing her shouts, her husband Mohd.
At that time Milind caught right hand of Yasin, Sandeep caught left hand of Yasin, Nitin caught head and hairs of Yasin from behind.
On 29.12.1995, they arrested accused No.
One taxi was companying from the direction of Hindu Cemetery.
Shiva, Vitthal, Babu, Krishna, Mohd.
Yasin objected to that.
A taxi came and accused Nos.
At that time the street lights were on and there were 2 lights on the spot.
At about 8.20 a.m. on 16.12.1995, police also filled in ADR form, statements of Naresh, Salim and Amina.
She learnt that he was removed to KEM hospital and she also went to the hospital.
Her mother also came to the police station.
She rushed to R.A.K. Marg Police Station which was at a 5 minutes walking distance to meet the officer in charge.
P 22 admitted under Section 294 of Code of Criminal Procedure, 1973 in short the Cr.
Criminal Appeal No.703 of 2000 was filed by the present appellant while the companyaccused Kisan filed Criminal Appeal No.
Dr. ARIJIT PASAYAT, J. Challenge in this appeal is to the judgment of a Division Bench of the Bombay High Court dismissing the three appeals preferred by the present appellant and two other companyaccused.
She was at a short distance.
1 Vitthal Pundalik Zondage, accused No.4 Vilas Babu Bhagurao Shirke.
On 16.12.1995 police arrested accused No.6 Nitin Vasu Kadam and accused No.8 Sandeep Sahadev Jaitpkar.
