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(A) The direct ocular Evidence of Sole eye witness Shri Keshav Hate(PW-33) To prove that the deceased Vasant and Alka Kamble (we would for convenience refer them as 'Kamble couple') 14/137 661.2005fl.doc met with homicidal deaths, their murder and consequent penal liability of the accused before the Court, Sole eye witness is Keshav Lahu Hate (PW.33). It appears from this evidence that he is presently resident of Mumbai with modest financial means. He is also Vice President of Republican Party of India (Athavale Group). He is native of Veer Village situated between Lonare Phata and Mahad off Bombay- Goa High way. It appears that he was known to deceased couple late Mr. Vasant Kamble and Mrs. Alka Vasant Kamble as they were also activists of Republican Party of India. Deceased Alka according to Mr. Hate was dealer of Hindustan Petroleum. The accused were also running business of LPG Cylinders of Hindustan Petroleum Company in the name and style as "Amit Gas Agency"
The driver told Babushet that he was paid for killing two persons only and not the third one. While the driver-
accused no.4 told Babusheth that Mr. Hate had no issue at all with him. Therefore, the vehicle was turned towards Nandavi and proceeded towards Kaccha Road. The witness Keshav Hate was made to occupy the middle seat while one person was sitting by his left hand and other was sitting by his right hand. Before leaving towards Nandavi Phata, Babushet-accused no.1 warned Mr. Hate that if he discloses the event to any one he would be killed as also his entire family because the boys sitting in the vehicle are gangsters. After about 2 kms, the two persons who were occupying the rear seat got down from the vehicle and went towards Dargah. Then vehicle was driven towards Nandavi Phata. When it came to Tol Phata on Mahad road, accused no.1 Babushet got down from the vehicle and one more person who was sitting on his 21/137 661.2005fl.doc right hand side also got down carrying plastic carry bags with them. The witness Keshav Hate identified the persons in the court who had got down. When Hate got down from the vehicle accused no.1 Babushet offered a sum of Rs. 200/- to Mr. Hate, but he refused to accept the amount. Then vehicle proceeded towards Mumbai.

35. PW-29 Chandrakant Pawar was Room boy of Apsara Lodge, Mahad. He deposed that on 29-03-2001, out of 18 rooms, 7 rooms were booked by different customers and in room no. 9 five customers were occupying. PW-29 refers to handwriting of the Manager Shri Kulkarni in Photostat copy (Ex.192) and gave evidence that customer A.P. Jadhav paid bills of Rs. 185/-.

It is argued on behalf of the defense that PW- 29 has 49/137 661.2005fl.doc admitted that he would not be able to identify the customers who stayed in the lodge during the period between 29-03-2001 to 12-04-2001. The prosecution did not examine Ramesh Kulkarni, then Manager of the lodge who is attributed the role making the entries in Exh.192 relied upon, although according to PW-29, he was serving in another lodge in Mahad. It is argued that on 12-04-2001, the accused were shown to the witness. The witness was confronted with his previous statement made to the Police as portion marked 'A' for which the witness had no explanation to offer as to why it is so mentioned in his statement made to the Police.

Evidence of Police officers concerned with the investigation

49. PW- 47 is API Vishnu Pawar who assisted in the investigation to Shri Mahavarkar. PW-48 is Shashikant Savant PSI, Mahad City. He found on investigation that A-4 Satish Shinde had purchased some puja articles from the shop Of Sanjay Wadke at Mahad. He had also recorded statement of Vishwanath Pawar, an employee from the said shop who had delivered Puja articles. PW-