LAWS(BOM)-2021-1-130

RAMAKANT GAWAS Vs. STATE

Decided On January 15, 2021
Ramakant Gawas Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) Heard Mr. Pavithran, the learned Counsel for the Appellant appointed under the Legal Aid Scheme for the Appellant, and Mr. Dhargalkar, the learned Additional Public Prosecutor for the State.

(2.) This Appeal questions the Judgment and Order dated 25th February 2020, made by the learned Additional Sessions Judge, Panaji in Sessions Case No.3/2015, convicting the Appellant for the offences punishable under Sections 498-A, 364, and 302 of the Indian Penal Code (IPC) and sentencing him to two years and Life Imprisonment, respectively. The sentences are, naturally, ordered to run concurrently.

(3.) The case of the Prosecution is that the Appellant (accused) physically and mentally tortured his wife Shevanti making demands for gold and dowry, thereby committing an offence under Section 498-A of the IPC. It is further the case of the Prosecution that Shevanti, along with her three children being unable to bear the physical and mental torture any further, left the matrimonial home and went to reside with her brother/mother. It is further the case of the Prosecution that on 6/10/2014, the accused made several calls to his wife, requiring her to meet him at Sanquelim. Accordingly, on the next day, i.e. 7/10/2014 at about 9.00 a.m., the said Shevanti proceeded to meet the accused at Sanquelim. It is the case of the Prosecution that the accused, thereafter kidnapped his wife from Sanquelim, took her to an isolated place at Navelim, and murdered her, thereby committing an offence under Sections 363 and 302 of the IPC. It is also the case of the Prosecution that the accused attempted to destroy the evidence by hiding the dead body and thereby committed an offence under Section 201 of the IPC as well.