A K JAYAKUMAR Vs. STATE

JUDGEMENT

(1.) Heard Mr. Dessai, learned Senior Counsel for the appellant and Mr. Ferreira, learned Public Prosecutor for the respondent.

(2.) By this appeal, the appellant takes exception to the judgment and order dated 2nd September, 2009 passed by the Additional Sessions Judge-I, South Goa, Margao in Sessions Case No.6/2008 whereby the appellant (hereinafter referred to as 'the accused') has been convicted for the offence punishable under Section 302 of I.P.C. and sentenced to undergo imprisonment for life and to pay fine of Rs.25,000/- and in default to undergo one year rigorous imprisonment. By the impugned judgment, the accused has been acquitted for the offence punishable under Section 201 of I.P.C. The accused, who was serving as a Chief Mechanic in Navy at Dabolim, has been convicted for having committed murder of Rajlaximi in the afternoon of 04/12/2007, which incidentally was a Navy day.

(3.) Briefly, the prosecution case is as under : FIR dated 05/12/2007 at Vasco Police Station under Sections 302 and 201 of I.P.C., was registered against the appellant/ accused at the instance of Shriniwas Vighnesh, who expired before the commencement of the trial. It was the case of the informant that on 04/12/2007 in the afternoon, the accused had strangulated his mistress Rajlaximi by using a towel, killed her, put the dead body in a wooden box and tried to dispose of the same. The accused was arrested under arrest panchanama and the mobile, which was on his person, was also seized. Thereafter, at the instance of the accused, the dead body of Rajlaximi which was in a box near the premises in which the accused was staying with his family, was discovered. The dead body which was identified to be that of Rajlaximi, was referred for postmortem. The postmortem was carried out by PW14-Dr. Silvano Sapeco. Thereafter, statements of several witnesses were recorded. It was further the case of the prosecution that the accused had made extrajudicial confessions to two Naval Officers namely; PW3- Ojha and PW4-Krishna. In the course of investigation, certain belongings of Rajlaximi from room no.405/B belonging to PW23-Shetu Raman, were seized. The accused was also examined by PW15-Dr. Andre Fernandes, who found six injuries on his forearms. It was the prosecution case that the accused had admitted to PW15- Dr. Fernandes that he had suffered injuries in the scuffle with the deceased. After completion of investigation, chargesheet was filed against the accused under Sections 302 and 201 of I.P.C.