RAMESH RAMDAS TELI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant Ramesh Ramdas Teli was convicted under Section 302 Indian Penal Code and sentenced to death for committing the murder of one Nandlal Chandnani by stabbing him on the night between 28th and 29th June, 1973, in Shyam Sadan, Marine Drive, Bombay, in an attempt to escape from the flat of the deceased which he had entered for committing theft. The appellant was also convicted under Section 458 I.P.C. and sentenced to six years rigorous imprisonment. The conviction of the appellant rests on the evidence of identification by Bipinchandra Modi, P.W. 8, and Abdul Rehman, PW 11, and Venkatesh Narsappa, PW 13, corroborated by circumstantial evidence.

(2.) The murdered man Nandlal Chandnani was living with his wife and parents in flat No.8, of a building known as Shyam Sadan situated on 'F' Road, Marine Drive, Bombay. The flat had 3 bed rooms, a kitchen and a hall. The bed room in which Nandlal Chandnani and his wife Smt. Lajja Chandnani were asleep is on the western side with a balcony overlooking the compound adjoining a passage to Shri Niketan Garden. The door of the bed room leading to the balcony was kept open probably because it was the month of June. Smt. Lajja, PW 2, was awakened by the voice of her husband at 3.15 a.m. She got up from her bed and heard him shouting "Chor! Chor!" She opened the main door of the room leading to the rest of the house. She saw that her husband was struggling with a stranger trying to get away from the balcony. She put on the light and went to the assistance of her husband and caught hold of the leg of the stranger who pushed her with his leg and also struck her with his knife on her left cheek and forehead and then escaped. Her shouts brought her mother-in-law and other relations. She noticed that her husband was bleeding profusely and soon collapsed on the bed. Her father-in-law and brother-in-law also came into the room. Servants were called. A Doctor was sent for. Shri Nandlal Chandnani was removed to the G.T. Hospital and he expired soon after reaching there. A First Information Report was lodged at Azad Maidan Police Station at 3.55 a.m. on 29-6-1973 by Raghunath Rai, PW 4, a resident of flat No.4, in Shyam Sadan who was one of the persons who assembled in the flat after the dastardly attack.

(3.) The assailant had been seen running away by several persons including Padam Singh, PW 7, and Bipinchandra Modi, PW 8, who had seen a man crossing the road from Bharat Mahal on 'F' Road across Netaji Subbash Road and jumping over the pavement wall on to what is known as "Tetrapods" on the beach. Raghunath Rai, P.W. 4, had also seen a person jumping over the compound wall of Bharat Mahal which adjoins Shyam Sadan. He had also seen some persons chasing the man. At first, he thought that it was a case of petty theft, but he soon learnt, from neighbours, that it was a case of serious stabbing. Bipinchandra Modi, PW 8, used to sleep in the compound of Seksaria building which lies across the 'F' Road in front of Bharat Mahal. He had chased the assailant who jumped over the boundary of the pavement on to 'Tetrapods' on the beach. The man who had escaped towards the sea emerged a little later at a place nearly 1100 ft. to the south of 'F' Road on Netaji Subhash Road. At that time, Abdul Rehman, PW 11, and Venkatesh Narsappa, PW 13, and Mohan Velayudan saw him. Abdul Rehman had earlier heard the shouts of "Chor! Chor!." He had seen a man who was being chased jumping over the pavement wall on to the Tetrapods. As he saw a man coming from the Tetrapods back to the Netaji Subhash Road, Abdul Rehman, PW 11, told his friends, Narsappa, PW 13, and Mohan Velayudan, who used to sleep at the bus stop in his company, that the man who had come out was the man who had escaped towards the sea. This was probably guess work. But, when Narsappa and Mohan Velayudan ran after that man so as to be able to catch him, the man turned round, faced them, and threatened to use his knife on them. This frightened Venkatesh Narsappa and Mohan Velayudan who retreated. The man then escaped towards the building called Zaver Mahal.