Prithviraj K.Chavan, J. - (1.) By this appeal, the appellant challenges his conviction under Section 302 of the Indian Penal Code, by which he is sentenced to imprisonment for life and a fine of Rs.10,000/- by the learned Sessions Judge, South Goa on 20.2.2015.
(2.) The facts of the case, as emerging from the record, can be summerised as follows:- In the morning of 6.10.2011 PW 1 Joaquim Santiago, who was working as a driver at Margao Municipal Council was proceeding for his work at about 7.00 a.m. When he was passing next to Konkan Railway Rest House, Margao, he noticed a person lying by the side of the road in a pool of blood with his head smashed by means of a laterite stone lying near the dead body. According to him, the deceased was aged about 50 years. He was wearing a whitish coloured shirt and a blue jeans pant. PW 1 Joaquim Santiago, therefore, approached Margao Town Police Station and gave an information. A Crime bearing No.343/2011 under Section 302 IPC came to be registered at the Police Station. PW 12 Santosh Desai rushed to the scene of occurrence. He arranged for panch witnesses namely PW 3 Mohammed Khan and CW 3 Jagdish, in whose presence, he drew a scene of offence panchanama. He had also seized blood smeared mud from the spot as well as control sample of mud. Cotton dipped with blood, dug metal stone from the road containing blood, a blue ball pen, a matchbox and about 18 biddies of brand 30 were found lying on the spot, which came to be seized under panchanama. He had also seized a black coloured plastic chappal and laterite stone with blood stains under panchanama (Ex.26). It was noticed that the penis of the deceased was chopped off and was lying at a distance of 2.6 meters away from the body. It was also seized. PW 2 Pravin Naik was the Photographer, who took snaps of the scene of occurrence.
(3.) Pw 12 Santosh Desai thereafter conducted an inquest panchanama in presence of panch witnesses. He had also seized the clothes on the person of the deceased comprising of a white coloured long sleeved shirt with blood stains, a baniyan, brown coloured underwear and a blue jeans pant. The inquest panchanama is proved at Ex.28. The dead body of the deceased was sent for autopsy. The cause of death, as per the opinion of PW 7 Dr. Avinash Pujari, was due to crush injury of head and face with complete cutting of the penis at the base involving the scrotal skin resulting in the separation from the body.;