the deceased Sany alias Sandeep and he saw the applicant/accused no.2 Lavesh, son of the owner of Ludu guest house having a danda in his hands and one more person whom he knew as Mangesh (accused no.1) assaulting Sany alias Sandeep very mercilessly with a danda and after that both of them left Sany alias Sandeep and ran away. According to him, the deceased was in a very bad condition and could hardly walk and he tried to provide him with water and then returned back and told Ravindra that Sany alias Sandeep was bleeding through the ear and he tried to clean his ear and tried to give him water, but there was no response from him. According to Ravindra, another witness, he had heard Sany alias Sandeep saying “chod do mujhe, mere pass paise nahi hain” and upon hearing that he came out from bed and noticed the applicant/accused no.2 Lavesh, son of the owner of the Ludu guest house assaulting Sany alias Sandeep with the danda mercilessly saying that “mera paisa nahin diya and room pe chori bi kiya” and saying that he went on hitting him with danda while Sany alias Sandeep was trying to save himself from the blows of danda but applicant Lavesh kept on assaulting him all over the body and there was another person who was assaulting Sany alia Sandeep with fist blows and kicks whom he did not know by name and after the merciless assault they both left Sany alias Sandeep and ran away and the said Sany alias