According to the prosecution case, on September 12, 1992, gangster Subhash Singh Thakur and two others had barged into the hospital's general ward and fired at Shailesh Haldankar, a Gawli gang member, to avenge the killing of Dawood's brother-in-law, Ismail Parkar. In the crossfire, two constables and Haldankar were killed and three constables were injured.

Eyewitness Mohammed Siddiqui Amin, a patient in same ward at the time, was occupying the bed next to Haldankar. In his statement to the police, he had said he had seen the killers and had even identified Subhash Singh Thakur in an identification parade conducted by the special executive magistrate.

However, deposing before the designated TADA Judge P K Chavre today, Amin said he had hidden under the bed out of fearand emerged only after the killers escaped. As a result, he added, he had not seen anything.

During cross-examination, special public prosecutor Rohini Salian pointed out that in his earlier statement he had said he was sitting on the corner of the bed.

However, during his examination-in-chief on Tuesday, one of the constables injured in the firing had said Amin was seated on a nearby bed. Recalling the incident, he had said that Haldankar was guarded by three constables and one sub-inspector. Initially, the policemen tried to fight off the assailants and even managed to shut the door of the ward. They were finally outnumbered and outmanoeuvred by the gunmen. While two constables died in the skirmish, the others were injured.

The next witness who will be examined is the sub-inspector who had reportedly seen the assailants up-front.

The trial, which is being conducted on a daily basis, will examine over 200 witnesses including eye-witnesses, panch witnesses, special exceutive magisrates, policepersonnel. These include persons who were both eyewitnesses as well as those involved in the investigations that followed.

Charges were framed against 33 accused on December 9, 1997 but now 24 accused, including 13 absconding, will face trial. The prosecution will also lead evidence against the absconding accused in their absence following approval by the court.

While JJ Hospital doctors Dr Shivprasad Kamble, Dr Akenkumar Desai and Independent MLA Pappu Kalani have been discharged from the case by the Supreme Court, Mohammed Salim Kasamwala alias Salim Passport and Manish Lala, who were out on bail, were shot dead by rival gang members in 1998.

Four accused who were absconding were also killed, including Sunil Sawant, Shanti Patel, Ramesh Patel and Mohammed Salim Kasamali.