place on 06.07.2018. According to the Complainant / Injured – Narendrasingh Patil, the incident took place, when he was walking with his friends – Ayub Shaikh and Suraj Patil. He has stated that suddenly, an auto rickshaw came in a high speed and crossed them; that he questioned the auto rickshaw driver, why he was driving so fast, pursuant to which, the driver pulled the rickshaw on one side and pulled out a chopper and attacked him ( Complainant ) and that the Applicant who was also in the auto rickshaw, pulled out a chopper from the rickshaw. It is alleged by the Complainant that thereafter, the accused assaulted him with a chopper. A perusal of the statement of Ayub Ajij Shaikh, recorded under Section 164 of the Cr. P. C. shows that he too was present at the spot when the alleged incident took place. The said witness has not attributed any overt act i. e. assault by the Applicant on the Complainant with a chopper. He has stated that the Applicant picked up a brick and threw it towards the Complainant. Learned counsel for the Applicant has also tendered an Affidavit of the Applicant, aged 21 years. The same is taken on record. In the said Affidavit, the Applicant has stated that he would not indulge in any offence and that he will abide by the order passed by this Court. The Applicant is in custody since 07.07.2018. Investigation is complete and charge-sheet is filed.
