INDRAJEET GODBOLE Vs. STATE OF GOA

JUDGEMENT

(1.) The appellant challenges the conviction and sentence recorded by the learned Addl. Sessions Judge -III, South Goa, Margao in Sessions Case No.28/2006 whereby the appellant has been convicted for the offence punishable under Section 302 of the Indian Penal Code (IPC) and sentenced to undergo Life Imprisonment and further was directed to pay a fine of Rs.10,000/- and in default, to undergo Rigorous Imprisonment for a period of 3 months. An amount of Rs.5,000/- from the fine, if realised, was also directed to be paid to the complainant Smt. Sunita. This Judgment of conviction and sentence has been recorded by the learned Addl. Sessions Judge - III, South Goa, in case No.28/2006 on December 23, 2008.

(2.) The wife of the appellant Smt. Sunita is the complainant in the case at hand. According to the complainant, she had married to the appellant, 10/12 years prior to the date of the incident. The date of the incident is 22nd August, 2006. The appellant was unemployed. He was addicted to liquour, used to extend harassment and beatings to the complainant. The complainant and the appellant were blessed with two children. The complainant Smt. Sunita was working and managing the family. Except herself, there was no other family member to take care of their children. The complainant Smt. Sunita therefore requested her mother to stay with herself and children. The complainant had shifted to a new residence at Kasai, Cuncolim somewhere on 14th August, 2006. On 21st August, the appellant visited the place of residence of the complainant. He tried to assault the deceased. Thus, around 1.30 noon, on 22nd August, 2006 the appellant had been to the residence of the complainant, demanded food and money to the deceased and on refusal, assaulted the deceased i.e. the mother of the complainant who was at the residence of the complainant. The assault by the appellant to the deceased was with fist blows, kicks, initially. The deceased fell down. The appellant allegedly assaulted the deceased with laterite stone. The alleged beating and assault by appellant was seen by P.W. 5, Suraj de Souza and one Mr. Sanjay, they chased the appellant, however, could not apprehend him. The deceased suffered multiple injuries and succumbed to those injuries. The appellant thereafter left the place and was absconding. Sunita, the complainant lodged a report to the police. Based on the report lodged by the complainant Sunita, an offence under Section 302 of the IPC was registered with Cuncolim Police Station, South Goa. It was registered under FIR No.44/2006. The Investigating Officer, after registration of the offence, started investigation. Statements of various witnesses were recorded. Scene of offence panchanama was drawn. The appellant was arrested at Mangalore. After completion of the investigation, charge sheet was filed against the accused in the Court of Judicial Magistrate, First Class, South Goa, at Margao. The appellant was inducted for the offence punishable under Section 302 of the IPC, triable exclusively by the Court of Sessions. The learned Judicial Magistrate, First Class, therefore, in view of Section 207 of the Code of Criminal Procedure, passed an order committing the case to the Court of learned Sessions Judge, Margao. The case was made over to the learned Addl. Sessions Judge-III, South Goa, Margao.

(3.) The learned Addl. Sessions Judge framed charge for the offence under Section 302 of the IPC against the appellant. Order (Exhibit-7) passed by the learned Addl. Sessions Judge-III, /South Goa, Margao is part of the record. Charge was read over to the appellant on 5th February, 2007 who denied the same and claimed to be tried.