Arijit Pasayat, J. - (1.) Challenge in this appeal is to the judgement of acquittal passed by a Division Bench of Bombay High Court at Goa.
(2.) The Learned Additional Session Judge, Mapusa had convicted the respondent for offence punishable under Section 302 of the Indian Penal Code, 1860 (for short IPC). The allegation was that on the night of 4th January, 1999 the respondent herein had killed Smt. Bendita Perriera (hereinafter referred to as the deceased) by strangulation. The prosecution relied upon circumstantial evidence to further its version. The Trial Court found that the circumstances were sufficient to fasten the guilt on the accused and accordingly convicted him and sentenced him to undergo imprisonment for life. In appeal, the High Court found that the circumstances highlighted were not sufficient to hold the accused guilty and, therefore, directed acquittal.
(3.) Learned Counsel for the appellant submitted with reference to the evidence of PWs 5 and 9, that their evidence was sufficient to hold the respondent guilty.;