RAJU BIHARI Vs. STATE

JUDGEMENT

(1.) THIS is an appeal filed by the accused that has been convicted and sentenced under Section 302 of the Indian Penal Code.

(2.) THE accused was a helper of the deceased Shankar Fulwadia who was a tile fitter and the latter was employed by the contractor Shri PW.5/Vinayak Shahapurkar who was constructing a house for PW.1/Gurudas at Bandora, near Mahalaxmi Temple, and, as the house was to be completed by 31.8.04, as PW.1/Gurudas wanted to have the house ready for Ganesh Chaturthi of that year, the work of constuction was going on round the clock and several workers, including tile fitters, tile polishers and painters, were working in the said house.

(3.) SOON thereafter, at about 2.45 a.m., PW.4/Sambaji Talwar who was working as ASI at Molem Police Outpost upon having received a phone call from PW.25/P.I. Gaonkar to apprehend a person of stated description, went to Molem junction and after having seen the accused, matching with the said description, apprehended the accused and brought him to the Molem Out Post and at that time the accused was wearing a chocolate coloured shirt (Exh. 16) and a greenish grey coloured pant (Exh.15). As stated by him, the clothes of the accused were dirty and his legs were smeared with marble polish. PW.25/PI Gaunkar was informed about the arrest of the accused and thereafter, PW.16/PSI Waigankar along with PW.23/Pappu were sent to confirm the identity of the accused and after the same was confirmed, the accused was placed under arrest and his clothes were seized under a panchanama in the presence of PW.7/Shanu, who has confirmed the attachment of the said clothes.