VISHNU GAUDE CENTRAL JAIL AGUADA Vs. STATE

JUDGEMENT

(1.) THE appellant, who stands convicted by the IInd Additional Sessions Judge, South Goa, Margao, by Judgment, dated-5th September, 2000, in Sessions Case No. 2 of 1998, for an offence punishable under Section302 of the Indian Penal Code and sentence of imprisonment for life and fine of Rs. 5,000/- with a default stipulation to undergo rigorous imprisonment for 6 months for failure to pay fine, has filed the present appeal challenging his aforesaid conviction and sentence.

(2.) THE facts in brief, as are necessary for the decision of this appeal, are set out hereunder : - P.W.21 P. I. Rohidas Patre was in-charge of Maina/curtorim Police Station. On 21st December, 1997, he was deputed for V. I. P. bandobust and had received a message that a murder had taken place at Raia. He returned to the police station. One P. S. I. Malsekar had brought the accused to the police station and had referred him for medical examination. P.W.21 P. I. Patre arrested the accused and drew the arrest panchanama in the presence of P.W.6 Somnath Raikar. THE arrest panchanama and the attachment of the clothes of the accused is at Exhibit P.W.6-A. THE clothes of the accused are at M. O. 1 and M. O. 2, which are shirt and pant respectively. On the next day, that is, on22nd December, 1997, the panchanama of the scene of offence, at Exhibit P.W.2-A, in the presence of P.W.2 Premanand Naik was drawn. From the scene of offence leather chappal (M. O. 9) and rubber chappal (M. O. 10) came to be attached. THE photographs were taken by P. W.10 Ganadeep Xeldenkar. THEreafter, at the Goa Medical College, inquest panchanama, at Exhibit P.W.9-A was drawn, in the presence of P.W.9 Manguesh Naik. THE post-mortem report is at Exhibit P.W.3-A. P.W.3 Dr. Silvano Dias Sapeco found there was one obliquely placed oval shaped stab injury of 2 cms. length with a tailing of one cm. along upwards and left side. It was on the left side of the chest front just above the xiphisternum. THE lower border was 20 cms. above navel and the upper border was 12 cms. below inner end of left collar bone. THE injury was fresh at the time of death and was caused by impact of sharp and pointed weapon. On internal examination he found that there were cuts for costal junctions of 7th and 8th ribs for 3 cms. . THEreafter, there were cuts on the anterior aspect of the pericardium for 3cms. and had cut the right ventricle for 2 x 1/2 x 1/2 cms. and had entered its cavity upto 4 cms. deep. THE total depth from skin, chondral aspects upto heart was 6 cms. . P.W.3 Dr. Sapeco, therefore, opined that death was due to haemorrhage and shock as a result of stab injury and was fatal in the ordinary course of nature. THE viscera was forwarded to the Chemical Analyser, vide letter, at Exhibit P.W.3-B. He further opined that the knife M. O. 8 could cause the fatal stab injury. THE blood group of deceased was determined as 'a' Rh Positive, vide report, at Exhibit P.W.3-E. THE clothes of the deceased came to be attached in the presence of P.W.8 Durga Naik, vide attachment panchanama Exhibit P.W.8-A. Vide attachment panchanama, at Exhibit P. W.14-A, a leaf of the plant known as 'elephant ear', which had blood stains, came to be attached, in the presence of P. W.14 THEreza Luis. On 21st December, 1997, on the basis of the statement of the accused made in the presence of P. W.12 Alex Lourenco, knife (M. O. 8) came to be recovered, vide panchanama, at Exhibit P. W.12-A. THE said knife M. O. 8 had been concealed in the hollow part of the roots of a banian tree. THE muddemal property was forwarded to the Central Forensic Science Laboratory, Hyderabad and the report of the Scientific Expert is at Exhibit P.W.21-A. After completion of the investigation a charge-sheet against the appellant came to be filed.

(3.) IN the cross-examination he has admitted that after he shouted for help P. W.1 Benny came at the scene of offence. He has also admitted that he knew the accused by name and some times used to talk to him. He has further stated that deceased Rama was wearing a half pant of white colour. He has also admitted that deceased Rama did not tell him anything neither did he ask deceased anything. He has further stated in the cross-examination that he was at a distance of about4 to 5 metres from the room of deceased Rama when the accused crossed him and must have reached a further distance of 2 metres when he heard the sound 'mother mother'. The evidence of P.W.5 Anand is corroborated by the recitals in his complaint, at Exhibit P.W.5-A.