STATE OF GOA Vs. SOMASHEKARAPPA YAMMETTI

JUDGEMENT

(1.) This Appeal, preferred by the prosecution, challenges the judgment and final order dated 11.12.2017 in Sessions Case (302) No. 50 of 2015 passed by Sessions Court, South Goa at Margao, acquitting accused of offence punishable under Sections 302 and 201 read with Section 34 of I.P.C.

(2.) Heard the learned Public Prosecutor, Mr. S.R. Rivankar for the State, learned Advocate Mr. Arun Bras De Sa for respondent no. 1 and learned Advocate Mr. Pavithran for respondent no. 2. At our request Advocate Pavithran consented to act as Amicus Curiae and represented accused nos. 3 and 4, who chose to remain absent inspite of service.

(3.) The case of the prosecution is that between 11.00 hours on 10.08.2015 to 08:40 hours of 11.08.2015 at Velsao Beach, accused persons/respondent nos. 2 to 4 with their common intention committed the murder of Shri Vijay Shrivastava, in the bushes at Velsao Beach by assaulting him with "pido" (stem of coconut leaves) on his body and thereby caused his death. Further, the accused persons/respondent nos. 2 to 4 along with respondent no.1, rickshaw driver of rickshaw bearing registration No. GA-06-T-2764 with their common intention to destroy the evidence, transported the dead body of the deceased in the above rickshaw driven by accused no. 1 from Velsao Beach and dumped the same near Consua Cross Chapel, Consua. Hence, the accused committed offences under Section 302, 201 read with Section 34 of I.P.C.