BIJOY KALITA Vs. STATE

JUDGEMENT

(1.) HEARD.

(2.) SUDAN Savlo Dhabale (since deceased) was a driver of Maruti omni Van bearing No. GA-01-R-7954 operating from Mapusa Taxi Stand.

(3.) WE could proceed on the assumption that on 17-7-2009, Bijoy kalita (the applicant herein) along with Mohammad Ali Lindar engaged him (Savlo Dhabale) at about 7. 30 p. m. to go to Birla, Cansaulim, on hire. According to the plan, as per the prosecution, the applicant along with shrinivas and Mohammad Ali were to first do away with Vijay Azaria Rajan as he was suspected by Srinivas as having an affair with his girlfriend by name ms. Sharon Abranches. The applicant got down at Birla and the Investigating officer believes that he got down there, and possibly with a view to get the said Vijay Azaria Rajan. As the said Sudan Dhabale did not return home, at the instance of his wife, Crime No. 185/2009 under Section 365 r/w 34 I. P. C. came to be registered. Meanwhile, the said Sudan Dhabale was done away with on the same day i. e. on 17-7-2009 by the said Shrinivas and Mohammad Ali.