at about 6 to 6.30 p.m. There they noticed that the accused nos.1 to 5 were present. Kailash questioned the accused as to why his mother was abused and thereupon the accused said that they would show Kailash and accordingly went to a bicycle shed and came out of the shed armed with weapons like sword, knife, dagger, sword-stick etc. Accused Nos.1 to 5 then rushed towards the prosecution witnesses. Seeing the accused, Yogesh, Kailash and Balvant started fleeing from the scene of the incident. The accused chased them and near the statue of Shivaji, accused no.1 – Babi inflicted two blows of knife on the chest of Kailash. Accused No.2 – Bali gave a blow of sword on the head of Balvant. Accused No.3 attempted to inflict a blow of sword-stick to PW 1 – Yogesh, but PW 1 – Yogesh evaded thed said blow. According to Yogesh, accused nos.4 and 5 also assaulted him, Kailash and Balvant by sticks which they carried with them. PW 6 – Arvind then came to the scene of the incident and rescued them. Accused No.1 Babi also assaulted PW 6 – Arvind by knife on his thigh due to which he sustained a bleeding injury. On sustaining the injuries, Kailash fell in the river bed and the accused then fled from the scene of the incident. Injured Kailash was then taken on a motorcycle to the Vardhaman Hospital, where he was declared dead. Yogesh thereafter went to the Police Station and lodged his report at Exh. 47. He deposes that he had sustained a blunt
