DASHRATH LAXMAN SATAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) A wooden partition with an upper-half of glass would be the least expected fixture in small shack looking like a godown. Gala No. 9 on the ground floor of Tardeo Mansion, Tulsiwadi Road, Tardeo was no doubt a godown but its original tenant P.W. 6 Kulwantsingh Chopra alias Mohan Punjabi ("Minoo") had let out the same to P.W. 14 Minoo Meherjibhow Mistry ("Minoo"). As this Gala had no electricity, Minoo approached a neighbour for supplying electrical connection. P.W. 15 Pandurang Raigude ("Pandurang"), the friendly neighbour obliged on payment of Rs. 25/- per month and gave a temporary connection. The modus operandi of the makeshift arrangement was that everyday Pandurang would carry a connecting wire from his power supply up to the rear side of Gala No. 9, provide light from 6.30 P.M. 10.00 P.M. or sometimes till midnight, and then disconnect and coil back the wire every night after use.

(2.) The elaborate lighting arrangements for the shack were necessitated by the fact that it was to be used by Minoo as a Matka-den one of the many which have sprung up like mushrooms in this metropolis to satiate the gambling instincts of its proleteriate. Minoo had entered into a partnership with P.W. 2 Hiralal Shrigopal Gupta ("Hiralal") under the terms of which Hiralal was managing the day-to-day affairs of the Matka business because Minoo was more concerned with the management of another gambling den euphemistically called "Nava Bharat Social Club." It appears that the den was frequented by various punters. They used to collect cash as soon as the lucky number was drawn from the Matka in the evening.

(3.) P.W. 7 Pritamsingh Surjansing ("Pritamsing") plies a taxi belonging to his brother Nazarsingh during the night only. On 7-11-1977 when Pritamsing was in search of customers, he was beckoned by an acquaintance Dnyansingh (Kaka) who asked him to give a lift to Suhas @ Baban Rajaram Sawant (Accused No. 2) who wanted to go to Tardeo. Pritamsing agreed but inquired from Baban (A/2) as to whether he would have any objection if he would give a lift to Kaka and on being assured that there was none, asked Kaka to sit along with A/2 in the taxi. From Batra Petrol Pump the taxi proceeded into a lane where three friends of Baban, Dashrath Laxman Satam (Accused No. 3), Baliram Kashiram Surve (Accused No. 4) and Kiritsingh Pratapsingh Nepali @ Danny (Accused No. 5) also joined Baban who asked Pritamsingh to proceed to Apsara Talkies which is ahead of Bombay Central. There Baban and his three friends got down, had a word with another waiting person who also joined the group. The taxi proceeded to the air-conditioned market at Tardeo where all of them except Kaka got down. Pritamsingh and Kaka had sugarcane juice whereafter Baban and his friends came back to the taxi. A/2 was having a sword in his hand, A/1 a dagger and the taxi proceeded towards Worli as directed by Baban. From Worli the taxi again came back to Apsara Talkies where all persons except Kaka got down, Pritamsingh waited for about 10 to 15 minutes whereafter another person with a beard and three others boarded the taxi which was driven to Saki Naka. The passengers got down at Saki Naka and when Pritamsingh demanded the fare of Rs. 72/-, he was given Rs. 30/- and a wrist watch.