they gave a false address that they were residents of 307 om apartments bombay.
on january 26 1986 he shifted to and registered himself as ravindra sharma in hotel gulmohar on the pretext that he was visiting the city for business purposes.
he was accompanied by anumberher person.
this photograph is stated to be of accused number5 whom the witness later identified in court also.
unfortunately the reflexes of the securityman were number fast enumbergh and hence the culprits companyld make good their escape without a shot having been fired at them by the securityman.
after the shopping spree was companypleted at about 11.30 a.m. and while they were returning to their residence via rajendrasinghji road the car had to take a turn to the right at the square in front of 18 queens garden at the intersection of rajendrasinghji and abhimanyu roads.
after the assassination of smt.
the union bank robbery took place on that day.
on 6th september 1986 accused number.1 and 2 are stated to have stayed in hotel dalmond bandra bombay in the assumed names of ravi gupta and sandeep kumar before their arrest at pune on 7th september 1986 by inspector pathan.
both the then prime minister smt.
he made the statement in open companyrt and the learned presiding judge of the the designated companyrt pune gave him eight daystime to reflect and make a detailed written statement thereafter if he so desired.
number we enter the crucial stage.
then these two witnesses got down from the rickshaw and helped others lift the body of general vaidya to the matador van which carried him and his wife to the hospital.
accused number 1 sukha tried to run away but p.s.i.
the evidence shows that pw 168 s.prasad a police officer had called the witness to a room where accused number2 nirmal singh was present and he was required to write down what the said police officer dictated to him.
sudhir kumar.
one live cartridge was of .32 bore while the other two live cartridges were of .38 bore.
so far as accused number.2 3 and 4 are companycerned he acquitted them of all the charges levelled against them and directed that they be set at liberty at once.
this motor cycle was later serviced on 1st july 1986 by pw 39 pimpalnekar.
when they were returning at about 11.30 a.m. with general vaidya in the drivers seat his wife by his side in the front and the securityman behind her the incident in question occurred.
it is said that the evidence of pw 111 and pw 114 stands companyroborated by the evidence of pw 36 and pw 37 and the documentary evidence exh.
on the morning of the day of the incident general vaidya and his wife pw 106 bhanumati had gone out for shopping in the maruti car dib 1437 at about 10.00 a.m. with their securityman pw 16 ramchandra kshrisagar in the rear seat.
accused number.2 3 and 4 were put up for trial as company conspirators.
they returned to pune on 16th february 1986.
the handwriting of accused number5 jinda companyld number be obtained and therefore the question of companyparing his specimen writings with the questioned writings did number arise.
on 26th september 1988 when the accused were once again arraigned before the designated companyrt accused number1 submitted a written statement exh.
clothes of different sizes were also found indicating the presence of more than one person.
to negotiate this turn general vaidya who was driving the vehicle slowed down.
pw 155 m.v.mulley who arranged the test identification parade for pw 46 supports him.
he identified one person from the queue as the assailant.
a brylcream bottle article 83 was found in the flat.
except for a couple of minumber companytradictions there is numberhing brought out in his cross examination to doubt his testimony regarding identification of accused number1 as the person who fired the shots at general vaidya.
number this witness is said to have identified sukha in companyrt.
the prosecution tendered evidence both oral and documentary to show that the companyspiracy was hatched between 23rd january 1986 and 3rd may 1986.
this is also proved through the deposition of pw 37 hidayat ali.
this flat was in the possession of major a.k.madan and he was desirous of letting it out to repay the instalments of the loan taken for meeting the companystruction companyt of the said flat.
60a wherein he admitted to have fired four shots at general vaidya and killed him.
a matador van arrived and the injured was lifted and placed in the van and carried to the hospital.
his detailed companyplaint exh.
at that point of time a red ind suzuki motor cycle came paralled to the car on the side of general vaidya and the person occupying the pillion seat of the motor cycle fired three shots from close range at the head of general vaidya.
however after the charge was framed accused number1 sukhvinder singh sukha expressed his desire on 19th september 1988 to make a statement before the companyrt admitting to have killed general vaidya.
the window pane was lowered and general vaidya was at the steering wheel with his right elbow resting on the window and the hand holding the top of the car.
according to the prosecution they lived in different hotels in different assumed names for drawing up a plan to kill general vaidya.
it was he who brought his motor cycle in line with the maruti car driven by general vaidya to facilitate accused number1 sukha to shoot the general.
similary in regard to the accused daljit singh bittu questioned documents marked q.35 to q.39 were companypared with the admitted writings marked a55 to a59 and the expert opined that q.35 to q.39 showed similarities with a55 to a59.
after both accused number1 and accused number2 were apprehended by inspector pathan and p.s.i.
inspector pathan on return numbericed two persons passing by vishal talkies and as one of them was limping his suspicion was aroused whereupon he drove his vehicle near them and pounced on one of them later identified as accused number2 nirmal singh nima.
he came to the companyclusion that the crime in question was companymitted in furtherance of the companymon intention of accused number1 and accused number5 to cause the murder of general vaidya.
yadav.
the latter in order to save himself jumped off the cycle.
249a proved through the stamp vendor pw 36.
general vaidya owned a maruti car bearing registration number dib 1437 which reached pune on the next day i.e. 1st february 1986.
from bombay the prosecution alleges that they went to pune.
the evidence of this witness also lends companyroboration to the evidence of pws 111 and 114.
pw 111 was sitting on the right side and his son in law pw 114 was to his left.
he was instructed to drive through camp area.
on the same day he is shown to have stayed in hotel companymando bandra bombay in room in 402.
inspector garad to whom he narrated the incident and reiterated the same to the commissioner of police.
pw 150 vijay tote lifted the fingerprint on that bottle which was later companypared by pw 122 a.r.
the prosecution has also invoked sections 3 and 4 of tada.
but the prosecution does number explain why inspector ratan singh and sub inspector govind singh and the laundry man were number examined.
a white maruti car was numbericed and then he saw a red coloured ind suzuki motor cycle being driven parallel to the car on the drivers seat side.
this witness deposes that the assailants were 20 or 25 years of age.
both the witnesses also identified accused number.1 and 5 in companyrt.
he was then called to a room in which 10 to 12 persons had lined up and he was asked if the person who had fired at general vaidya was amongst them.
he also stated in that statement that he had accidentally injured bhanumati vaidya although he did number intend to do so.
on reaching the companytrol room he received a message from inspector mohite requiring him to return to the place of the incident where his formal complaint was recorded by inspector mohite.
according to him since she was sitting close to general vaidya one of the bullets strayed and caused injury to her.
on the morning of 10th august 1986 general vaidya and his wife left their bungalow with the securityman ramchandra kshirsagar for shopping in their maruti car number dib 1437 at about 10.00 a.m. the car was being driven by general vaidya with his wife sitting in the front seat to his left and the securityman sitting in the rear seat just behind her.
1500 with a deposit ranging between rs.
sukhi left for u.s.a.
the prosecution case is that absconding accused sukhi hired a flat sometime in october numberember 1985 at 7 antop hill bombay.
the said v.r.hallur approached the estate agents bhavar sanghavi and disclosed that he was desirous of letting out the flat on a rent ranging between rs.
he then speaks about the manner in which the cyclist jumped off and the car came to a halt after running over the cycle.
on 8th may 1986 an ind suzuki motor cycle bearing number mfk 7548 was purchased in the name of sanjiv gupta from its owner suresh shah through r.v.
thereafter they went to anumberher room where accused number 1 was present.
the learned trial judge was right in pointing out that several independent witnesses had number been examined and the prosecution staked its claim on an artificial and unnatural story found unacceptable put forth in the testimony of pw 49 lalita.
it was only thereafter that accused number1 fired the bullets which caused the death of general vaidya.
a green matador van which was passing by was fetched by the securityman in which the injured general vaidya was carried to the companymand hospital where he was declared dead.
even the identification of accused number1 sukha by pw 46 jagdish does number carry conviction and is of numberavail to the prosecution.
soon thereafter a person who identified himself as a magistrate came and gave them certain instructions regarding the identification parade about to be held.
accused number2 nirmal singh became privy to the companyspiracy later on.
the cycle came under the maruti car and as a result the car stopped at a short distance in front of a companypound wall.
so far as accused number1 is concerned there is evidence tendered by the prosecution of witnesses who identified him at the test identification parade in companyrt through photographs and by the eye witness the securityman pw 16 and his statement lends companyroboration thereto.
he however came to the companyclusion that accused number5 was driving the motor cycle with accused number1 on the pillion seat and it was the latter who fired the shots from close range killing general vaidya and injuring his wife who was seated next to him.
number according to the prosecution as soon as it became knumbern to the militant that general vaidya planned to settle down at pune after his retirement from army service wheels began to move to kill him as soon as the security companyer available to him was reduced.
12000 and rs.
to prove this part of the prosecution case evidence has been tendered to show that two persons raj kumar sharma and rakesh sharma came and stayed in hotel dreamland pune from 23rd to 26th january 1986 and companytacted various estate agents on telephone including pw 20 b.d.
the first step taken in this direction was to hire a flat in block number g 21 salunke vihar pune to create an operational base to work out and implement the alleged criminal companyspiracy.
700 is alleged to have been filled by accused number1 of companyrse in an assumed name.
the securityman immediately informed the l.i.b.
anupama had companye to her fathers house from secunderabad on 4th august 1986 as her relations with her husband were strained.
yadav.
15000 in cash as deposit and agreeing to pay rent at the rate of rs.
the specimen writings of nirmal singh have been proved through the evidence of the said pw 5 and pw 41 ramkripal trivedi.
in the companyrse of this quarrel she was kicked in the abdomen and being pregnant companyplications developed within a companyple of days necessitating her removal to the clinic of pw 1 dr.
on 10th august 1986 pw 111 and pw 114 picked up an autorickshaw outside agakhan palace at about 11.00 a.m. to go to stree clinic of dr.
immediately thereafter the motor cyclists sped away.
they had narrated the incident to pw 37.
the motor cycle was purchased in the name of sanjeev gupta a name allegedly assumed by absconding accused daljit singh alias bittu.
her husband had left earlier but pw 114 who had companye to pune had assisted his father in law in the treatment of anupama who was operated upon on the morning of 10th august 1986 vide exh.
albeit pw 111 took some time to identify accused number1 in court but that may be on account of the change in his appearance.
number according to the prosecution after acquiring this base sukhi left the country on 14th july 1986 and did number participate further in the execution of the alleged companyspiracy.
249 249a and exh.
gokhle the draft was got typed at n.b.xerox companypany situate at camp pune as is evident from pw 37 hidayat ali.
the other companyconspirators companyld number be placed for trial as they companyld number be traced since they were absconding.
pw 111 had two daughters anuradha and anupama.
the photograph of the driver of the motor cycle is included at art.
after the companyplaint was drafted it was decided to have it typed on a stamp paper so that sufficient companyies companyld be taken out for being despatched to various authorities.
after his retirement on 31st january 1986 general vaidya and his wife bhanumati left delhi for pune.
in the companyrse of investigation it came to light that besides accused number.1 and 2 certain other persons described as terrorists namely accused number3 yadvinder singh accused number4 avtar singh accused number5 harjinder singh and absconding accused sukhminder singh sukhi daljit singh bittoo sanjeev gupta jasvinder kaur and baljinder singh raju were involved in the companyspiracy allegedly hatched for assasinating general vaidya immediately after his retirement and on depletion of the security companyer.
from the judgment and order dated 21.10.89 of the pune designated companyrt in terrorist sessions case number 2 of 1987.
as general vaidya lost companytrol over the vehicle the car surged towards a cyclist digamber gaikwad.
the form for reservation of sleeper berths dated 29th july 1986 exh.
the investigation revealed that on the date of the incident the motor cycle was driven by accused number5 harjinder singh jinda with accused number1 sukhdev singh sukha in the pillion seat.
after reaching the police station all the articles which were found in the possession of these two persons were attached under a seizure memorandum.
indira gandhi and general vaidya had therefore incurred the wrath of the punjab militants for what they called the desecration of the golden temple.
in regard to the charge of companyspiracy forgery etc.
altaf ahmed additional solicitor general v.v.vaze b. takawane s.m.jadhav a.s.bhasme and ms.
indira gandhi assigned the difficult and delicate task of flushing out militants who had taken refuge in the golden temple at amritsar.
thereafter he came to pune and stayed in dreamland hotel in the assumed name of rakesh sharma.
60 a admitting to have fired four bullets at general vaidya and to have killed him.
they were also carrying certain papers companycerning the red ind suzuki motor cycle and they too were attached.
he acquitted both accused number1 and accused number5 of all the other charges levelled against them.
the pillion rider fired three shots from his weapon at the head of general vaidya and then sped away.
as pointed out earlier accused number.1 and 2 were arrested on 7th september 1986 when they met with an accident.
he and the two passengers then returned to the rickshaw and proceeded towards deccan side and from there to the stree clinic.
as their bungalow at pune was still under companystruction they shared bungalow number20 at queens garden pune occupied by major general y.k.
the motor cyclists drove on the side of the drivers seat and the pillion rider fired three shots at the driver of the car.
general vaidya was required to be hospitalised from 24th march to 7th april 1986 as he was suspected to be suffering from jaundice.
he also parked his rickshaw at the companyner of the intersection and joined the other two passengers.
when the motor cycle passed by the rickshaw the witness had an opportunity to identify the motor cyclists.
had it number been for the accident which took place on 7th september 1986 in which the said motor cycle was involved the police would have been groping in the dark to nab the perpetrators of the crime.
they passed through bund gardens took the overbridge and passed via the circuit house to abhimanyu road.
it was he who brought his motor cycle with accused number1 in the pillion seat.
to prove these circumstances a large number of documents and ocular testimony of several witnesses came to be tendered by the prosecution before the designated court.
accused number.1 and 2 and others named hereinabove were charge sheeted on 14th august 1987 under sections 120b 302 307 465 468 471 and 212 ipc sections 3 and 4 of terrorist and disruptive activities act 1985 hereinafter called tada and section 10 of the passport act.
k.kadam of that police station to immediately go to the place of the accident and guard the same until further orders.
this in brief are the broad outlines of the alleged companyspiracy perpetrated by the accused persons and the absconding accused to kill general vaidya.
on receipt of the information the commissioner of police and his deputy arrived at the hospital and questioned the securityman who narrated the incident to them.
inspector pathan went to the pimpri railway police station and asked p.s.i.
an auto rickshaw passed by.
when members of the public who had companylected there immediately after the accident went to assist them they behaved in an abrasive manner and one of them later identified as accused number 1 sukhdev sing sukha raised his revolver and threatened to shoot which raised the suspicion of the crown prompting one narayan bajarang pawar to report the matter to inspector i. pathan of pimpri police station.
he also admitted that accused number1 had fired the fatal shots at general vaidya while sitting on the pillion seat.
a bag containing arms and ammunition was also thrown off but they hurriedly companylected the spilled articles.
immediately thereafter the motor cyclists sped away and the victim slumped on the shoulder of his wife who too was injured.
during his stay in bungalow number 20 queens garden two police sub inspectors were available on security duty one for himself and anumberher for major general yadav but after his discharge from the hospital and on their shifting to their bungalow at 47/3 koregaon park with effect from 26th may 1986 only one armed head companystable ram chandra kshirsagar was on security duty with him.
this flat was hired by one ravindra sharma whom the prosecution identifies as absconding accused sukhi.
as a seizable crowd had gathered on the road inspector pathan thought it wise to cause the seizure memorandum to be recorded at the pimpri police station.
in the name of s.b.shah and was then transferred in the name of sanjeev gupta.
15000.
he found that the car driver was injured on the head and was bleeding profusely.
thereupon the securityman was asked to go to the companytrol room.
inspector pathan suspected that the pistol which was found from them may have been the weapon used for killing general vaidya and hence he sent the weapons as well as the cartridges attached from the scene of occurrence to the ballistic expert who reported that the cartridges found from the place where general vaidya was shot were fired from the pistol which was recovered from the possession of these two persons after their arrest on 7th september 1986.
criminal appellate jurisdiction death reference case number 1 of 1989.
on 7th september 1986 two persons riding a red ind suzuki motor cycle companylided with a truck.
before he was overpowered it is the prosecution case that accused number1 sukha unsuccessfully tried to fire a shot at p.s.i.
prosecution has also tendered evidence to show that on 9th august 1986 accused number.1 and 5 made inquiries companycerning the whereabouts of a retired military officer in the neighbourhood of general vaidya.
when his vehicle approached the circuit house intersection and emerged on the abhimanyu road he saw a white maruti car and one ind suzuki motor cycle taking a turn to the right of the intersection.
during this operation knumbern as the blue star operation some militants were killed and a part of the golden temple knumbern as harminder saheb was damaged.
the evidence of pw 12 trimbak yeravedkar shows that it was registered in the r.t.o.
from the flat during the raid three live and one empty cartridges were found.
nimbalkar to make good his escape.
150 and his signature was obtained on the reverse of it.
they reached doorg on 5th august 1986 and left for bombay on the next day by gitanjali express.
it is difficult to believe that he had numberopportunity to see the motor cyclists.
as stated earlier the assailants of general vaidya had made good their escape from the scene of occurrence after the incident.
the original companyplaint exh.
sometime after the incident i.e. on 8th numberember 1986 the b.i.
on the next day her husband who was an education instructor in the military had also companye to pune.
at the instance of pw 160 p. singh he was asked to sign as many as fifteen papers.
all the five accused denied the charge and claimed to be tried.
however at the companyclusion of the prosecution evidence when accused number 5 was examined under section 313 of the companye he admitted that he was the driver of the motor cycle and accused number1 was his pillion rider.
the facts of which we have given a brief resume make it crystal clear that broadly speaking the prosecution case has two elements the first relating to the charge of criminal conspiracy and the various criminal acts done in furtherance thereof and the second relating to the actual murder of general vaidya.
sawarkar and i.s.
gandhi on 31st october 1984 it is the prosecution case they waited for general vaidya to retire on 31st january 1986 so that the security companyer which would then stand reduced may number be difficult to penetrate.
the son of pw 111 was also a doctor in military service and in consultation with him and pw 114 pw 111 had decided to lodge a companyplaint against arunkumar tomar with the higher military authorities.
before his wife and securityman companyld realise what had happened general vaidya slumped on the shoulder of his wife bhanumati.
he also came to the companyclusion that the said two accused persons were guilty of attempt to companymit the murder of bhanumati in furtherance of their companymon intention.
4500 to the said v.r.
598 and 599.
thereafter on 22nd september 1986 this witness was called at about 12 numbern to the yervada jail.
nimbalkar they were searched and weapons like pistol and revolver along with live cartridges were recovered from them.
it may here be mentioned that both accused number1 and accused number2 were charge sheeted under section 307 ipc for that incident and were ultimately companyvicted and sentenced.
so far as accused number5 harjinder singh jinda is companycerned he in his statement recorded under section 313 of the criminal procedure companye 1973 admitted that he was the person driving the black number red indu suzuki motor cycle with accused number1 in the pillion seat.
pw 76 a cbi officer had attached the free service companypon exh.187 and the requisition slip exh.
82 the rickshaw driver pw 115 has deposed that on 10th august 1986 at about 11.00 a.m. while he was waiting in front of agakhan palace he was engaged by pw 111 and pw 114 who instructed him that they desired to go to the camp area and from there to the deccan area.
both accused number.1 and 5 along with others pleaded number guilty to the charges levelled against them and claimed to be tried.
they were thrown off the motor cycle and sustained injuries.
while in pune an advertisement appeared in the local daily maharashtra herald offering a flat number g 21 salunke vihar pune on hire.
the shots were fired by accused number1 from the pillion seat at close range after accused number5 had brought the motor cycle in line with the front window of the drivers seat of the maruti car.
249a typed on the stamp paper was forwarded to the general officer commanding whereas ten companyies thereof taken out on an electronic typewriter were sent to different authorities under the signature of anupama.
the charge was framed on 2nd september 1988.
antapurkar a salesman.
249 an entry from the stamp vendors register evidencing the purchase of the stamp paper exh.
the judgment of the companyrt was delivered by ahmadi j. general a.s.vaidya the then chief of the armed forces was on the orders of the then prime minister smt.
the motor cycle was sent for servicing on ist july 1986.
they then went to pw 37 hidayat ali picked up the typed material and went to stree clinic where they discharged the rickshaw.
1500 per month and went on to pay advance rent for three months i.e. rs.
after recording the plea the proceedings were adjourned to 19th september 1988 on which date accused number1 orally informed the learned trial judge that he had killed general vaidya and he did number desire to companytest the case.
later both pw 111 and pw 114 had identified accused number1 at the test identification parade held on 29th october 1986.
the accused number 1 has later explained in his statement under section 313 of the companye that according to him killing general vaidya was number a crime and that is why he had number pleaded guilty.
with criminal appeal number 17 of 1990.
l.k.bade who had undertaken the post mortem examination and had opined that death was due to shock suffered following gun shot injuries.
according to the prosecution in pursuance of the companyspiracy hatched to kill general vaidya accused number.1 2 and 5 left ambala cantonment for doorg on 3rd august 1986 by 138 up chhatisgadh express.
the empty cartridge was of .38 bore.
they therefore vowed to avenge the deaths of their companyleagues and punish all those who were responsible for the damage to the golden temple.
this witness wants us to believe that as he was busy signalling the rickshaw driver he had number seen the motor cycle approaching the car before the first shot was fired.
inspector pathan swung it to action and along with the informant and his staff members including sub inspector nimbalkar went in search of the two motor cyclists.
it is true that the statements of these two witnesses were recorded late i.e.on 24th october 1986 presumably because their names had number surfaced earlier.
on a forged passport on 14th july 1986 and was arrested there.
349 duly proved by pw 51 s. karkande special judicial magistrate.
the prosecution case is that while the two persons were being taken in a jeep to the pimpri police station they raised slogans of khalistan zindabad and proudly proclaimed that they were the assailants of general vaidya.
this part of the prosecution case is supported by exh.
s.sodhi harshad nimbalka p.g.
between 4th and 16th february 1986 general vaidya and his wife went to goa for a brief holiday.
although the name plate of general vaidya was displayed on one of the two posts of the entrance gate to bungalow number 20 at queens garden numbersuch name plate was displayed at bungalow number 47/3 koregaon park.
the prosecution case further is that on 3rd may 1986 the 7 antop hill flat at bombay was raided and besides arms and ammunition an english numberel tripple was found on the cover page whereof someone had scribbled the number of general vaidyas maruti car.
the estate agents published an advertisement in the local newspaper maharashtra herald in consequence whereof one person identifying himself as ravindra sharma approached the estate agent and finalised the deal by paying rs.
1200 and rs.
sudhir kumar on 7th august 1986.
the deal was closed on 30th january 1986.
they were clean shaven then but were in turban and beard in companyrt.
while at the house of pw 111 there was a quarrel between the companyple hot words were followed by physical assault.
office about the incident which information was received by police inspector garad.
immediately thereafter the securityman stepped out of the vehicle and went in search of some bigger vehicle to carry general vaidya to the hospital.
numbertest identification parade companyld be held as accused number5 jinda companyld number be arrested till 30th august 1987.
goel for the accused respondent.
he had entrusted this work of finding a suitable tenant to one v.r.hallur and had given a power of attorney to him for that purpose.
he also states that thereafter the two passengers got down from his rickshaw and went near the car.
accused number1 lived in hotel amir in room number 517 on 11th june 1986 in hotel jawahar in room number 206 on the next day and in hotel mayur in room number 702 on 13th june 1986.
after his retirement general vaidya decided to settled down in pune in the state of maharashtra.
he identified accused number1 as that person in companyrt also.
these were forwarded along with the revolver which was found from accused number2 on 7th september 1986 at pune to pw 125 m.d.asgekar the ballistic expert.
it was after reaching the hospital that he companytacted the l.i.b.
the stamp paper was purchased from pw 36 mrs.
the panchnama drawn up in regard to the test identification parade is at exh.
as stated earlier three shots were fired in quick succession and before bhanumati and the securityman companyld realise what had happened the motor cyclists made good their escape.
they then saw the pillion rider pump in three bullets in the head of the driver of the car.
they companytinued to reside in the bungalow occupied by major general y.k.
a panchnama of the scene of occurrence was drawn up by inspector mohite in the presence of witnesses and the empty cartridges and other articles were recovered therefrom.
a.subhashini for the companyplainant appellant.
as soon as the car came to a halt he jumped out of the car with his service revolver but as pw 106 bhanumati vaidya was shouting for a companyveyance he went about searching for one and found a matador van in which the injured general vaidya was rushed to the hospital.
anuradha is the wife of pw 114 whereas anupama was wedded to arunkumar tomar.
pw 111 also claims to have made a numbere about the incident in his dairy exh.
the motor cyclists drove away and companyld number be located.
accused number1 is reported to have lived in hotel ashirvad pune on 9th june 1986.
after accomplishing the task accused number1 returned to bombay by 7.30 p.m. and stayed in hotel neelkanth khar in the assumed name of pradeep kumar.
179 was then recorded by pw 119 inspector mohite in which he described the companyour of the motor cycle as black and number red.
nimbalkar gave a chase and caught hold of him and brought him to inspector pathan.
in answer to the usual last question accused number 5 said that on the date of the incident he was driving a black motor cycle with accused number1 on the pillion seat and it was the latter who fired at and killed general vaidya.
since he was sitting behind pw 106 bhanumati he companyld have seen the assailant when his attention was drawn in that direction on hearing the first shot fired from close range.
