PRADEEP PUNDALIK HALDANKAR Vs. STATE OF GOA

JUDGEMENT

(1.) THE Appellants are convicted for an offence punishable as under: - (a)Under Sections 143, 147, 148 r/w 149 of the Indian Penal Code and are sentenced to suffer Rigorous Imprisonment for six months. (b)Under Sections 323 r/w 149 of the Indian Penal Code and sentenced to suffer Rigorous Imprisonment for fifteen days. (c)Under Section 325 r/w 149 of the Indian Penal Code and sentenced to suffer Rigorous Imprisonment for six months and each to pay a fine of Rs. 1000/-, in default to undergo Simple Imprisonment for two months. (d)Under Section 304 (Part II) r/w 149 of the Indian Penal Code and sentenced to undergo Rigorous Imprisonment for five years.

(2.) ALL these substantive sentences are directed to run concurrently. The present conviction and sentence is assailed before me in the present Appeal by the Appellants who are the Original Accused Nos. 1 to 6 in Sessions Case No. 15/91 decided by the Additional Sessions Judge, Mapusa, on 28th April, 1999. On 19th November, 1990, P. W. 16, P. I. Mangaldas Dessai, who was attached to the Mapusa Police Station as Police Inspector recorded the complaint of P. W. 1, Sadashiv Vernekar, alleging that the Appellants/original Accused had committed the murder of one Prabhakar and had assaulted the informant said P. W. 1, Sadashiv Vernekar and P. W. 8, Yeshoda P. Haldankar, and a two year old boy named Bharat Haldankar. The complaint of P. W. 1, Sadashiv Vernekar, is at Exh. PW1/a. After registering the complaint, P. W. 16, P. I. Mangaldas Dessai, proceeded to the scene of offence and in the presence of P. W. 4, Dnyaneshwar Kambli, effected the scene of offence panchanama, which is at Exh. PW4/a. The scene of offence is House No. 177 having a verandah in front and beyond the verandah is a drawing room. While entering the said drawing room from the right hand side was lying the dead body of deceased Prabhakar Haldankar. Blood stains were also noticed on the walls in the drawing room and the wall clippings were attached. In the said scene of offence panchanama which is at Exh. PW4/a, it is stated that a photographer Hanumanta Kanerkar, has taken the photographs of the scene of offence. P. W. 16, P. I. Mangaldas Dessai, then conducted the Inquest Panchanama in the presence of P. W. 2, Atchut Kamble. The Inquest Panchnama is at Exh. PW2/a. After conducting the Inquest Panchanama, the dead body of the deceased was referred for Post Mortem Examination. The Post Mortem Examination was conducted by P. W. 6, Dr. B. N. Reddy and the Post Mortem Report is at Exh. PW6/a. The Appellant Nos. 1 to 3, 5 and 6 were arrested by P. W. 11, Head Constable Sadanand Mayekar. The Appellant Nos. 1 to 3, 5 and 6 were arrested in the presence of P. W. 5, Krishnanath Haldankar and the Arrest Panchanama is at Exh. PW5/a. The Appellant No. 4, Ajit K. Naik, came to be arrested some time in the late afternoon or early evening of 19th November, 1990. P. W. 16, P. I. Mangaldas Dessai, vide Exh. PW12/a attached a pair of shoes, a blue colour shorts, white short, a light blue colour saree, a blue colour blouse, a violet colour saree and a blouse of pink colour. This panchanama, Exh. PW12/a commenced at 5.00 p. m. and concluded at 6.00 p. m. . This attachment was effected by P. W. 16, P. I. Mangaldas Dessai, by going to the scene of offence in the presence of P. W. 1, Sadashiv Vernekar and Appellant No. 1, Pradeep Haldankar.

(3.) ON 22nd November, 1990, P. W. 16, P. I. Mangaldas Dessai, in the presence of P. W. 9, Shrikrishna Mayekar, attached a National Panasonic Taperecorder vide panchanama Exh. PW9/a. ON 3rd December, 1990, P. W. 16, P. I. Mangaldas Dessai, attached the clothes of P. W. 8, Yeshoda Haldankar in the presence of P. W. 9, Shrikrishna Mayekar, vide Exh. PW9/b. The report of the Forensic Science Laboratory is at Exh. PW16/a. The injury certificates of P. W. 1, Sadashiv Vernekar and P. W. 8, Yeshoda Haldankar were produced by the Investigating Officer in his Examination-in-Chief and the said certificates are at Exh. PW16/b and PW16/c. During the trial, the Medical Officer who issued the certificates was not examined and apparently it seems no reasons had been advanced by the prosecution for his non examination. After completion of the investigation, P. W. 16, P. I. Mangaldas Dessai, filed a charge-sheet against the present Appellants.