BIRKWDAO @ VIKRAM @ VICKY NARZARY, S/O JATEEN NARZARY Vs. STATE (THROUGH P P , HIGH COURT OF BOMBAY AT PANAJI-GOA)
LAWS(BOM)-2017-6-283
HIGH COURT OF BOMBAY
Decided on June 30,2017

Birkwdao @ Vikram @ Vicky Narzary, S/O Jateen Narzary Appellant
VERSUS
State (Through P P , High Court Of Bombay At Panaji-Goa) Respondents

JUDGEMENT

C.V. Bhadang, J. - (1.) By this appeal, the appellant/ accused is challenging the judgment and order dated 27/11/2014, passed by the learned Sessions Judge, Panaji in Sessions Case No.18/2011. By the impugned judgment, the learned Sessions Judge has convicted the appellant for the offence punishable under Section 302 of Indian Penal Code (IPC, for short) and sentenced him to suffer imprisonment for life and to pay a fine of Rs.10,000/- and in default, to undergo Simple Imprisonment for six months.
(2.) The brief facts, necessary for the disposal of the appeal, may be stated thus : The appellant / accused and the deceased Mr. Tupeshwar Das @ Tapas were friends. The deceased was working as a Watchman and was staying at Orda. According to the prosecution, deceased had developed a love relationship with a girl by name Fwisali, daughter of Shankar Brahma from Assam. It appears that after some time, there was a break up between the deceased and Fwisali and in the meantime, the appellant used to have telephonic conversation with Fwisali. It is the material prosecution case that on or about the date of incident, the appellant had brought Fwisali to Goa. At the instance of the deceased, Fwisali was taken to the room of the deceased at Orda. It further appears from the prosecution case that on the day of incident i.e. 25/03/2011, the deceased and the appellant had gone to Market, in which they purchased some eatables and liquor. The deceased also called one of his friends by name Ronjoy to join them in the evening. It has come on record that in the evening on 25/03/2011, the deceased, the appellant and Ronjoy had drinks at the room of the deceased, after which, they had food, which was cooked by Fwisali. At around midnight, Fwisali went to bed on a cot in the room while the appellant and the deceased were sleeping on the mat on the floor. Ronjoy had already left the room. It is the material case that, in the night (intervening between 25th and 26th March, 2011), the deceased tried to molest/ rape Fwisali. The appellant tried to prevent the deceased from doing so, in which the appellant was brushed aside by the deceased.
(3.) As per the defence raised by the appellant, the appellant was apprehending that the deceased was in an attempt to commit rape on Fwisali. Further, according to the appellant, a scuffle ensued between him and the deceased, in which the deceased sustained injuries, to which he subsequently succumbed.;


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