P PRABHAKAR REDDY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The 14th lane Kamathipura towards the South of St. Anthoni High School is a cluster of dilapidated chawls which constitute the ubiquitous feature of any port town the red-light area. The second floor of Paperwala chawl is a house of ill-repute catering to cheep clientele in which Room Nos. 7/8 as well as the adjoining room 9/10 are occupied by women of easy virtue. In room No. 7/8 P.W. 3 Fatima, Amina, Paru, Gangu, Pyaran and Sunita-a non-descript group were carrying on business. Privacy by a permanent plywood partition was a luxury which these girls could ill-afford; they had to make do with curtains to be drawn when the occasion demanded. One Karim, son of Maternal Uncle of Fatima, used to supply water to the inmates.

(2.) In the next room which bore the numbers 9/10 P.W. 5 Hamida carried on business along with four more woman viz., P.W. 6 Paravati, Shanta, Kasturi and Sharada. The arrangement of cots and curtains was similar to that in the adjoining room 7/8.

(3.) P.W. 2 Deepak Patel works as a car driver with one Madhu Patel of Vile Parle. He has been visiting Paperwala chawl in Kamathipura some two years before the incident, and makes no secret of the fact that he used to fancy one girl Shanta. In the night between 1st and 2nd October, 1978 Deepak, as usual, visited Shanta in the small hours and fell asleep in her enclosure. Round about 4.00 a.m. Deepak got up and went to the toilet when he heard some noise emanating from one of the enclosures in room No. 7/8. Deepak proceeded towards the room to make enquiries and heard cries of a girl "Chaku Mara, Chaku Mara". Upon entering room No. 7/8 Deepak found a girl prostrate on the ground near the bed in pool of blood. One man was standing by her side with an open blood-stained knife. The water boy Karim entered the room with water as usual. He was not merely a lowly menial supplying water ; he had a blood-tie with Fatima which was thicker than water. When he saw the ghastly scene he threw the water jug on the ground and lunged towards the accused in a fit of righteous indignation without giving the least thought to his being unarmed and hence vulnerable. It was an unequal fight and the man with the knife stabbed the boy on the stomach. As observed earlier, there were other girls in the room. Two of them were standing near the injured and the accused stabbed them also with a knife upon which Deepak raised an alarm. The accused brandished his knife and threatened all that he would stab anybody who dares to come near him. The stabbing spree did not end here. The accused then entered room No. 9/10, stabbed two girls in that room and proceeded towards the wall having an open window. The window overlooks Kamathipura lane. Deepak beckoned the girls in room No. 9/10 to come out and seeing that the accused is alone in that room smartly closed the door and bolted it from outside.