KANURAM BIRUA Vs. STATE OF GOA

JUDGEMENT

(1.) This appeal is directed against the judgment dated 26/4/2006 and the order dated 28/4/2006 passed by the learned Sessions Judge, Panaji in the Sessions Case No.28 of 2004, thereby convicting the appellant for offence punishable under Section 302 of the Indian Penal Code (I.P.C.) and sentencing him to undergo life imprisonment and to pay fine of Rs.5000/- in default to undergo simple imprisonment for six months. The appellant shall hereinafter be referred to as the accused.

(2.) The accused was tried for the offence punishable under section 302 of the I.P.C for having committed murder of one Shri Ashok Dessai.

(3.) The case of the prosecution, in short, is as follows: On 21/2/2004 at about 15.00 hours Shri Ashok Dessai, the Junior Technical Assistant of Indian Council of Agricultural Research, (ICAR) Old Goa and a labourer Praful Khandeparkar were in the cashew experimental plot situated at ICAR, KVK, Carambolim and said Praful was plucking cashew apples whereas said Ashok Dessai was supervising the said work. At that time, the accused who was a contract labourer assigned with the duty of taking care of goats unit of the ICAR Research complex was grazing the goats in the said cashew plantation. Ashok Dessai, therefore told the accused to take the goats out of the cashew plantation and accordingly the accused left the place with the goats, but after sometime, he again came along with the goats to the same cashew plantation and he had a danda (bamboo stick) with him. When Ashok Dessai questioned the accused as to why he had again brought the goats to the cashew plantation, the accused assaulted Ashok Dessai by giving blows with that danda on his head. Ashok Dessai fell unconscious on the ground and he was taken to the Goa Medical College hospital.