- (1.)THE appellant challenges his conviction for the offence of murder punishable under section 302 of the Indian Penal Code and sentence of imprisonment for life and fine of Rs. 5,000/-imposed upon him by the learned Session Judge, South Goa, Margao in Session Trial no. 11/2006. Facts which led the prosecution and conviction of the appellant are as under :
(2.)THE appellant was working as a sailor and victim Ganju ikka was working as a cook on fishing trawler owned by P. W. 6, vincent. On 20. 11. 2005, both the victim as well as the appellant were drunk and had a quarrel. On the same night, the appellant lifted a cement concrete block and hit the victim on his head, when the victim was sleeping, leading to the victim's death. On the report by one stanley, an offence was registered and investigation commenced. In the course of investigation, the police performed inquest on the body and sent the body for postmortem examination. During the course of investigation, police performed panchanama of spot, arrested the accused and seized his clothes. The police collected medico-legal exhibits from the medical officer, who conducted postmortem examination, recorded statements of witnesses and on completion of investigation, chargesheeted the appellant.
(3.)UPON commitment of the case by the learned Judicial magistrate,first Class, Vasco, the learned Session Judge charged the appellant for the offence punishable under section 302 of the Indian penal Code. The appellant pleaded not guilty and claimed to be tried. The prosecution examined in all 19 witnesses, including eye-witness p. W. 8, Nirmal Tirki. Upon consideration of evidence tendered before her, the learned Session Judge convicted and sentenced the appellant as afore mentioned.