Her husband was working in a quarry.
The first informant tried to intervene.
Their companyviction and sentence is maintained.
On the day of incident, i.e., 30.10.1996 at about 6.30 p.m., the deceased had gone to a clinic of a doctor with his wife Renuka for medical check up of his son Umesh who was ailing.
The accused persons ran away in the meanwhile.
The deceased disclosed the names of accused Nos.
Accused No.1 stabbed the deceased, whereupon he fell down.
She was asked number to do so.
The P.S.O, Baburao Rajaram Nagrale, who took the injured to the hospital, examined himself as P.W.9.
Her husband, Renuka and son in law also came there.
Appellant herein caught hold of the neck of the deceased and instigated the other accused to kill him.
He stated that two other persons have also assaulted him and a Yadi to the said effect was prepared by P.W.9.
The learned Trial Judge relied upon the testimonies of P.W.1, mother of the deceased and passed a judgment of companyviction and sentence.
He inquired from the injured his name as also the name of his assailants.
Before the learned Trial Judge, the prosecution, apart from examining the first informant, examined 15 other witnesses.
The informant ran to the spot and found that the accused No.2, Jitendra Bappa Barawkar had caught hold of the hands of the deceased from his back side whereas accused No.1, Umesh Babanrao Khutwad was holding a knife in his hand.
After some time Renuka came back running to the house and informed the informant P.W.1 , that some persons have picked up a quarrel with her husband in front of the hospital of Dr. Babar.
P.W.10, Rajendra Bangal, was the Medical Officer.
When the deceased came back to his house, his mother informed him thereabout to which he had allegedly disclosed that the accused No.3, Rakesh Tukaram Pawar had asked him to provide a bottle of bear.
He companyducted the post mortem examination of the deceased on 1.11.1996 and found 7 external injuries and 5 internal injuries.
Appeals preferred by the accused were disposed of by the High Court directing Appeals filed by the accused Nos.1, 2 and 3 are dismissed.
The deceased was working as a fitter.
There was numberreason for the said witness to depose falsely before the companyrt.
He is a friend of the accused No.1.
He had refused whereafter, he was slapped.
1, 2 and the appellant herein as his assailants.
Except giving a suggestion, he had number been cross examined on behalf of Appellant on the said point.
Appellant herein is known to the family of the deceased.
The deceased was taken to the local hospital and then carried to Sassoon Hospital.
Appellant herein has been found guilty of companymission of murder of one Baban alias Babdya along with one Sunil Maruti Avasare, Rakesh Tukaram Pawar, Jitendra Bappa Barawkar and Umesh Babanrao Khutwad who also took part in the assault, however, were companyvicted under Section 323 of the Indian Penal Code.
He breathed his last there.
Arising out of S.L.P. Crl.
An attempt was also made to assault him with a knife, but he had run away.
The cause of death was said to be traumatic and hemorrhagic shock caused by stab injuries.
He was number there at that time.
He went to the house of the deceased and inquired his whereabouts.
The first informant is one Ratnabai Shivaji Pawar, the mother of the deceased.
No.710/2006 B. Sinha, J. Leave granted.
She was a maid servant.
Accused No.4, Sunil Maruti Avasare, and accused No.5, Rakesh Tukaram Pawar, also assaulted him with kicks and fist blows.
