The accused were prosecuted on the basis of material of last seen together and the two incidents dated 21.1.2015 and 22.1.2015 of assault by the accused to the deceased and the alleged illicit relations of the deceased with Vimal, second wife of accused No.2 Balbhim. All the accused are inter se related. Accused No.1 – Babasaheb (A-1) and accused No.3 -Ramesh (A-3) are brothers of Balbhim, while accused Nos.4 and 5 are sons of Balbhim. As per F.I.R. dated 29.1.2015, PW-1 Anna Kolte was invited by deceased Gorakh for attending a 'Jatra' held at Sawargaon on 20th and 21st January 2015. As per F.I.R. and evidence of PW-1, on 21.1.2015, he along with deceased Gorakh had gone to watch 'Tamasha' in the Jatra. At that time, at about 9.30 p.m. all the accused came and sat behind him and deceased Gorakh and Gorakh told Anna that he was apprehending danger to his life and they should leave the place. Then accused No.1 (A-1) Babasaheb held Gorakh by his collar, accosted him, what sort of relations he was maintaining with Vimal, who was brother's wife of accused No.1 – Babasaheb. Thereafter Babasaheb (A-1) gave a fist blow on his face and accused No.2 Balbhim (A-2) gave a stick blow on his back, while accused Nos.3 Ramesh and Daulat gave kick and fist blows. Accused No.5 slapped PW-1 Anna. Then, some persons intervened and PW-1 Anna and the deceased Gorakh left the place. Gorakh told PW-1 Anna to go to his house. PW-1 Anna went to the house of his maternal uncle residing in the same village.
