TUKARAM ISRAN NARAYAN ISRAN Vs. STATE OF GOA

JUDGEMENT

(1.) THE appellant in the present appeal assails his conviction and sentence for an offence punishable under section 304 Part II of the Indian Penal Code and the sentence of imprisonment for 6 years, as recorded by the Sessions Judge, South Goa, Margao in Sessions Case No. 12 of 1998.

(2.) THE brief facts necessary for the decision of the appeal are set out as under :- The appellant was working as a mason at the various sites which were managed by P. W. 13 Prabhakar Asolkar. The deceased Vinayak Laximan Khamble was also working as a mason with P. W. 13 Prabhakar. On 21st February, 1998 at about 6. 45 p. m. P. W. 1 Ramchandra Patil alongwith another mason P. W. 8 Mahadev Patil were proceeding to the market for ascertaining the availability of a mason for dressing laterite stones. Both of them were proceeding on their bicycles. When they reached near the house of Vidhyadhar Kakodkar, which is said to be near the main road, they saw the appellant sitting on a parapet of a well, situated inside the compound of Mr. Kakodkar. The appellant waived to P. W. 1 Ramchandra, who also waived in return. P. W. 1 Ramchandra and P. W. 8 Mahadev then proceeded towards the market and when they reached near Auntys bar, they met deceased Vinayak. P. W. 11 Balu Dhatekar and P. W. 9 Dnyneshwar Gosavi, who were coming from the market side, that is, in the opposite direction. Inquiry was made from deceased Vinayak whether he had seen any stone dresser in the market, to which Vinayak replied in the negative. In view of the reply of the deceased Vinayak, P. W. 1 Ramchandra, P. W. 8 Mahadev, P. W. 9 Dnyneshwar, P. W. 11 Balu and the deceased started back open their bicycles. Soon as they reached near the house of Kakodkar, the appellant, who was said to have been sitting on the parapet of the well, asked the deceased to stop and came near the deceased. The deceased placed his cycle on the stand and the appellant came near him and gave a slap on his face. Thereafter there was a scuffle between the appellant and the deceased Vinayak. During the scuffle the appellant stepped back two spaces and took a knife M. O. 10 from his waist and stabbed deceased Vinayak on his chest. Due to the injury, deceased Vinayak fell on the ground. All the other companions of deceased Vinayak pounced on the appellant and caught hold of him while P. W. 10 Gunaji Mirashi came rushing there and took away the knife from the hands of the appellant and threw it in the premises of Mr. Kakodkar. Thereafter, deceased Vinayak began vomiting and there was profuse bleeding from his wound. Attempt was made to administer soda and water to the deceased but, due to the vomits, the deceased was not in a position to drink either the soda or the water. A police jeep came to the scene of occurrence and in the said jeep deceased Vinayak was shifted to the hospital at Kakoda. Deceased Vinayak was accompanied by P. W. 1 Ramchandra and P. W. 8 Mahadev. At Kakoda Hospital deceased Vinayak was requested to be shifted to the Goa Medical College Hospital, Bambolim. While on the way to Goa Medical College Hospital, Bambolim, P. W. 1 Ramchandra and P. W. 8 Mahadev felt that the deceased had breathed his last at Tilamot and, therefore, instead of taking him to Goa Medical College Hospital, Bambolim, deceased Vinayak was taken to Hospicio Hospital. At the Hospicio Hospital, Margao, deceased Vinayak was examined by P. W. 15 Dr. Antonio Colaco, who, on examination found that the deceased was dead. An entry to that effect was made in the register maintained at the Hospicio Hospital, Margao and the entry is at Exhibit P. W. 15/a.

(3.) THE said police jeep had arrived at the scene of offence on an information which was received through an anonymous telephone call by P. W. 16 P. I. Mahesh Gaonkar, who then was in-charge of the Curchorem Police Station. He had rushed to the spot alongwith his staff and had assisted the companions of deceased Vinayak in shifting him to the Hospital. P. W. 16 Mahesh then received a message that deceased Vinayak was declared dead at the Hospicio Hospital. P. W. 16 Mahesh had directed P. S. I. Naik to proceed to the scene of occurrence for recording of the panchanama. P. W. 1 Ramchandra was brought to the Police Station and his complaint at Exhibit P. W. 1/a was recorded. On the basis of the said complaint, an offence vide Curchorem Police Station Crime No. 15/98 under section 302 of the Indian Penal Code against the appellant was registered. During the course of investigation the knife which was tossed in the premises of Mr. Kakodkar by P. W. 10 Gunaji was attached in the presence of P. W. 3 Bobby DSilva. The appellant was arrested and his clothes were attached vide Exhibit P. W. 5/a in the presence of P. W. 5 Hemant Naik. The scene of offence panchanama and the sketch of the scene was drawn in the presence of P. W. 6 Jose DSilva and the scene of offence panchanama is at Exhibit P. W. 6/a Colly. The inquest panchanama at Exhibit P. W. 7/a was drawn in the presence of P. W. 7 Domnic Barreto. The deceased had been initially examined by P. W. 4 Dr. Geeta Kakodkar and she had found the condition of the deceased precarious and, therefore, she had referred the deceased to the Goa Medical College Hospital, Bambolim. The certificate issued by P. W. 4 Dr. Geeta is at Exhibit P. W. 4/a. The postmortem on the dead body of the deceased was conducted by P. W. 2 Dr. Avinash Pujari and the postmortem report is at Exhibit P. W. 2/a. P. W. 2 Dr. Avinash had noticed (1) incised stab wound with clean, clear cut even margins. Both angles acute, lower angle more acute than upper angle. Fresh. It is elliptical 2. 5 x 0. 5 cms. x cavity deep. It was located on chest front left side 18. 0 cms. below medical end of collar bone, 4. 0 cms. away from midline, 7. 0 cms. from left nipple oblique, upper end/angle from midline, lower angle nearer to midline. This is caused by a sharp edged weapon, antemortem-in nature. (2) Linear abrasion red fresh, 3. 0 x 0. 2 cms. on left knee along joint line on outer aspect caused by sharp/pointed object, antemortem in nature. On dissection of the external injury No. 1, he had noticed that it had pierced the skin, subcutaneous tissue underneath with blood infiltration in surrounding area. It had cut the cartilage of fifth rib on left side obliquely in the direction of external injury. It had further injured parietal pleura, entered chest cavity. It had further pierced the parietal pericardium, entered pericardial cavity pierced the anterior wall of left ventricle, entered the left ventricular chamber, pierced the posterior wall of left ventricle in same direction and came out with opening of 0. 5 x 0. 2 cms. According to P. W. 2 Dr. Avinash the injury No. 1 was individually fatal in ordinary course of nature. According to him, the deceased had died due to haemorrhage and shock due to the incised stab wound on chest involving heart by sharp edged weapon. During the course of investigation, statements of P. W. 1 Ramchandra, P. W. 8 Mahadev, P. W. 9 Dnyneshwar and P. W. 11 Balu, who were the eye-witnesses, came to be recorded. The Investigating Officer also recorded the statement of P. W. 10 Gunaji. P. W. 12 Desmond Cardozo has drawn the sketch map which is at Exhibit P. W. 12/b Colly.