ASSIS CARDOZ Vs. STATE OF GOA

JUDGEMENT

(1.) THIS appeal is by the accused who has been convicted for second degree murder i. e. under Section 34 (Part I) I. P. C. and sentenced to undergo R. I. for a period of ten years and fine of Rs. 1000/-in default to undergo S. I. for a period of one month.

(2.) THE accused was charged and tried with the allegation that on 8-6-2005 at about 22. 00 hours at Ecoxim, Bhattan, the accused committed murder intentionally and knowingly causing the death of Vikram Eknath Phadte.

(3.) THE accused was about 55 years of age at the relevant time while the deceased was 30 years of age and both were stated to have taken drinks together, prior to the incident, and both were seen arguing with one another. The accused was heard saying "tuka hanv dakoita" ("i will show you") to which the deceased is stated to have replied "tum kitem moje shenttam dakoitolo" at which time the accused removed something from his pocket and gave a blow on the chest of Vikram. A knife was seen in the hands of the accused. The deceased was taken in a car to Porvorim Police Station after the incident and thereafter to Goa Medical College, Bambolim. On the way the deceased told repeatedly that the accused had stabbed him with a knife. The deceased died at 2. 00 a. m. on 9-6-2005.