STATE OF GOA Vs. MANISH DHUBE

JUDGEMENT

(1.) THIS State appeal is directed against the Judgment and Order dated 17-11-2008 of the Sessions Court, South Goa, Margao acquitting the Respondents of the offence punishable under Section 302 r/w 34 I.P.C. The Respondents are alleged to have committed murder of Fr. Eusebio Ferrao, Parish Priest of St. Francis Xavier Church, Macazana on the night of 17/18-3-2006 between 23.00 hours to 06.30 hours in the residential premises of the Church.

(2.) BRIEFLY stated the facts alleged by the prosecution are as follows: The deceased Father used to reside on the first floor of the Church. PW23/Sunil Rodrigues was working with him at the residence as well as in the Church. On 17-3-2006 the Father informed PW23 that there would be guests i.e. the Respondents for dinner. The Father had personally made purchases for the dinner. Respondent No.1 was an acquaintance of the deceased Father. On 17-3-2006, both the Respondents came to the Father's house at about 9.30 p.m. After arrival, Respondent No.2 had bath and was given a change of clothes by the Father. He then gave both the Respondents beer for drinking and he himself consumed whisky. All the four i.e. the Father, the Respondents and PW23 had dinner and around 11.00 p.m. the Father retired to his bedroom. PW23 also went to the storeroom for sleeping. The arrangements to sleep for the Respondents were made in the drawing room by placing mattresses on the floor.

(3.) ACCORDINGLY, PW25 reached Nagpur on 21-3-2006. He was carrying a photograph of Respondent No.1. He was also provided with the address of the Respondents at Nagpur. He found both the Respondents in a tea stall close to the address. The Respondents were picked up from there and taken to their room where in the presence of PW18 and the second pancha arrest cum attachment panchanama was drawn. All the personal items of both the Respondents, the train tickets found with them and a long steel key with initials "PLAZA" printed on the grip and No.53 printed on the other side of the grip found with Respondent No.2 were attached. PW25 and the panchas noticed injuries on the fingers of both the Respondents. PW25 then brought both the Respondents to Goa by air.