Ashok has stated about the fact that Sopan had come to his house, but Sopan left his house for going to Warud (Samad) and at that time, it was disclosed to him that he want to settle the dispute in respect of agricultural land. The testimony of this witness cannot be of much more importance than the same, but then surprisingly he says that on the next day around 9.00 to 10.00 a.m., he himself and one Vishwanath went to Pusegaon for purchasing clothes for marriage. They had gone near the bus stand to have tea and he found that the brother of Sopan was quarreling with him beating him. He tied the hands and legs of Sopan and made him to sit on a vehicle, but then he says that he did not know the names of the persons, who were beating Sopan. He has identified the accused Madhav and Vitthal. Important point to be noted is that his self presence is raising doubt and also the subsequent conduct. He does not say that when the incident was happening, he had tried to rescue Sopan. Same is the case with P.W.14 Vishwanath. The inconsistency or variance between the testimony of P.W.13 Ashok and P.W.14 Vishwanath, who were in the company of each other, is required to be considered. P.W.14 Vishwanath has given names of all the accused, whereas P.W.13 Ashok’s testimony is silent about the presence of other accused persons. Likewise, the evidence of P.W.5 Sattarkhan, who was allegedly present, is also doubtful. When the witnesses have allegedly stated that they were watching Sopan being taken away, the question arises as to why they had not intervened. Merely by
