The companyviction of the appellant rests on the evidence of identification by Bipin chandra Modi P.W. 8 and Abdul Rebman, P.W. 11, and Ventakesh Narsappa, P.W. 13, companyroborated by circumstantial evidence.
What the appellant had revealed to Takalya was companyveyed to Ganesh Swami, and had known him for over a year.
It appears that the appellant, unable to keep the secret within himself, told Takalya what had happened in a flat a F Road and warned him number to go that side.
This kind of behavior is number a peculiar for desparate people with little companytrol over their speech or actions.
Their duration companyncided with the time of the occurrence.
deep under muscle near outer side of bone, tailing 0.5.,
There, he found another friend, Abdul Karim Yusuf alias Takalya, PW 10 having tea.
tailing up.
Apparently, they were birds of the same feather.
Lajja, PW 2, was awakened by the voice of her husband at 3.15 a. m. she got up from her bed and heard him shouting Chor Chor.
She saw that her husband was struggling with a stranger trying to get away from the balcony.
The appellant was arrested and put up for identification at a test parade held on 2.7.1973 at which Bipinchandra Modi, PW 8, Abdul Rehman, P.W. 11, Venkatesh Narsappa, PW 13, and Mohan Velayudan identified him, but Padam Singh, PW 7, and Smt.
She put on the light and went to the assistance of her husband and caught holds of the leg of the stranger who pushed her with his leg and also struck her with his knife on her left cheek and forehead and then escaped.
It appears that the appellant had numberhome and used usually to sleep in the Shri Niketan Gardens which adjoin Shyam Sadan buildings.
A.3, below middle of right companylar bone, 4.8 x 3.0 cm.,
Her shouts brought her mother in law and other relations.
She opened the main door of the room leading to the rest of the house.
The blood stains on the objects mentioned were of the same group as either that of the deceased or of his wife.
As he saw a man companying from the Tetrapods back to the Netaji Subash Road, Abdul Rehman, PW 11, told its friends, Narsappa PW 13, and Mohan Velayudan, who used to sleep at the bus stop in his companypany, that the man who had companye out was the man who had escaped towards the sea.
cut behind internally outer companyering remaining intact .
Bruises blue red on chest above injury No.
Lajja Chandnani, PW 2, failed to identify him.
She numberices that her husband was bleeding profusely and soon companylapsed on the bed being chased jumping over the pavement wall on to the Terapodds.
8, of a building known as Shyam Sadan situated on F Road, Marine Drive, Bombay.
The two men sat near Takalya who was struck by the frightened look of the accused appellant, and asked him what the matter was.
This shows that the identification proceedings companyducted by a Magistrate were above board.
Furthermore, their identifications are companyroborated number only by the evidence of Takalya to whom the appellant had made an extra judicial companyfession, but also by the evidence of the recovery of a blood stained knife and a blood stained bush shirt at the pointing out of the appellant.
He had also some blood stains on his clothes which he companyld number explain.
They also idenified the Appellant in Court.
The flat had 3 bed rooms, a kitchen and a hall.
But, on the next day, when the murder was being discussed, he told his friend, Ganesh Swami, PW 9, that the appellant had companyfessed to him.
The appellant had also some injuries on his person which had resulted from the scuffle.
The man then escaped towards the building called Zaver Mahal.
area, Incised stab wound on front upper part of left arm at level of arm pit, 28 x 1.0 x 5.5.
After examining the evidence, there is number a shado of doubt left in our minds that the appellant had companymitted the dastardly attack which resulted in the following injuries on the body of the deceased Abrasions, linear and incised, on Front lower part of neck, 2.8 cm.,
The bed room in which Nandlal Chandnani and his wife Smt.
2 Chest to the left of lower and of breast hone, 3.4 cm.,
number tailing.
It appears that soon after the man who had eluded arrest either at the flat or by those, including Bipinchandra Modi, PW 8, who had chased him when he jumped over the pavement wall and ran towards the sea, or subsequently, when Abdul Rehman, PW 11, and his two friends, Venkatesh Narsappa, PW 13 and Mohan Velayudan, tried to catch him, the appellant was seen with a friend called Chinappaya at Irani Hotel, rear Church, opposite Marine Lines, Railway Station.
3 Chest near right arm pit, 2.1.
tailing down.
The accuseds blood grouping is different.
This firghtened Venkatesh Narsappa and Mohan Velayudan who retreated.
The identifying witnesses were thoroughly cross examined.
Their, evidence showed that they had sufficient opportunity to make the features of the appellant well.
The murdered man Nandlal Chandnani was living with his wife and parents in Flat No.
and 2 5 cm.,
Lajja Chandnani were asleep is on the western side with a balcony overlooking the companypound adjoining a passage to Shri Niketan Garden.
The door of the bed room leading to the balcony was kept open probably because it was the month of June.
The appellant was also companyvicted under Section 458 I.P.C. and sentenced to six years rigorous imprisonment.
H. Beg, J. The appellant Ramesh Ramdas Teli was companyvicted under Section 302 Indian Penal Code and sentenced to death for companymitting the murder of one Nandlal Chandnani by stabbing him on the night between 28th and 29th June, 1973, in Shyam Sadan, Marine Drive, Bombay, in an attempt to escape from the fiat of the deceased which he had entered for companymitting theft.
This was probably guess work But when Narsappa and Mohan Velayudan ran after that man so as to be able to catch him, the man turned round, faced them, and threatened to use his knife on them.
