3. Prosecution case in brief is that, on 8th November,
2019, a dispute arose among rickshaw drivers over the parking
of rickshaws on the rickshaw stand. Applicant and the
deceased were rickshaw drivers. It is alleged that, accused
Sunil Bhosale was plying the rickshaw of the applicant, eight to
ten days prior to the incident. On the given date and at the
material time, the applicant came at the rickshaw stand with
co-accused Bhosale. After parking the rickshaw at the stand,
applicant was standing with the deceased, Babloo. At that
time, suddenly co-accused Bhosale, removed the iron pipe from
the rickshaw of the applicant and dealt a blow on the head of
Babloo (deceased rickshaw driver). Whereafter, applicant and
the co-accused allegedly scared the mob which had gathered on
the spot by waiving the iron rod and sickle (Koyta). Thus
alleged, applicant and the co-accused fled the scene of offence.
The injured Babloo who was removed to one hospital and
thereafter shifted to Shatabdi Hospital. He succumbed to
injuries on 11th November, 2019. The applicant was arrested
soonafter the incident. The investigation is over and the
chargesheet has been filed. Prosecution, in support of its case,
largely rely on the statement of the eye-witness. First eye-
witness is the complainant, another is Sachin Babaji Kurle.
Both are rickshaw drivers. These witnesses attributed role to
co-accused, Bhosale who dealt a blow on deceased head. The
allegations against the applicant were that the co-accused,
applicant accompanied co-accused Bhosale who had pulled out
