MARUTHI TIRMULI Vs. STATE OF GOA

JUDGEMENT

(1.) THE appellant stands convicted for an offence punishable under section 302 of the Indian Penal Code and is sentenced to suffer imprisonment for life and to pay a fine of Rs. 5,000/- in default to undergo rigorous imprisonment for six months and under section 436 of the Indian Penal Code is sentenced to suffer rigorous imprisonment for two years, by the judgment of IInd Additional Sessions Judge, South Goa, Margao, in Sessions Case No.11 of 1998, dated 31st August 2000. The present appeal has been filed challenging the aforesaid conviction and sentence.

(2.) THE facts necessary for the decision of the appeal are set out hereunder:- On 8th June, 1998 at about 15.40 hours, information was received from one Kalyan Kudchodkar (P.W.14) that a dead body of a female was seen floating in a well near Prashant Theatre. The said information was noted down by Head Constable Mohan Naik (P.W.22) and was conveyed to P.W.29 Mahesh Gaonkar, who, in the year 1998, was attached to the Curchorem Police Station as a P.S.I., P.W.29 P.I. Gaonkar then registered an unnatural death, vide U.D. No.6/98, under section 174 of Criminal Procedure Code and proceeded with the staff to the scene of the offence. He requested the fire-brigade personnel to assist in the removal of the dead body from the well and, accordingly, the dead body was taken out of the well. During the process of taking out the dead body from the well, four other dead bodies including one of a female and three children were noticed. The dead bodies were identified as one of Miss Sunita Naik, Mrs. Yellawwa Thirumali, Nirmala Naik, Rekha Naik and Chandrakant Naik. These bodies were identified by one Mrs.Satyava Naik. P.W.29 P.I. Gaonkar conducted the scene of offence panchanama, which is at Exhibit P.W.2/A in the presence of P.W.2 Dasrat Harmalkar. P.W.28 U.R. Dessai conducted the inquest panchanamas, which are at Exhibit P.W.28/A Colly and at Exhibit P.W.12/A. The dead bodies were sent for post-mortem examination and letter at Exhibit P.W.7/H was sent requesting for performing post-mortem on the dead bodies. The said letter was received by P.W.7 Dr. Avinash Pujari, who conducted the post-mortem on the five dead bodies. P.W.7 Dr. Pujari conducted the post-mortem on the dead body of Sunita. The report of the post-mortem is at Exhibit P.W.7/A. The post-mortem report in respect of the dead body of Chandrakant is at Exhibit P.W.7/B. The post-mortem report in respect of Rekha is at Exhibit P.W.7/C and in respect of Smt. Yellawwa is at Exhibit P.W.7/D. P.W.7 Dr. Pujari opined that the cause of death was asphyxial due to drowning in water. P.W.7 Dr. Pujari while conducting the post-mortem on the body of Nirmala noticed the following injuries:-

(3.) P.W.29 P.I., Gaonkar in the presence of P.W.6 Avinash Parulekar drew a panchanama of the opening of the lock to the room of deceased Nirmala with the key, which was found in the possession of the accused. The said panchanama is at Exhibit P.W.6/A. It was found that the key (M.O. 6) fitted the lock put on the door of the room of Nirmala. The lock, which was seized, is M.O. 13. Meanwhile on 16th February, 1998 the accused had made a disclosure statement vide Exhibit P.W.9/A in the presence of P.W.9 Sunil Pandu Naik that he would point out the place where he had kept the bag belonging to deceased Nirmala. The said bag was recovered from the house of the accused and the said plastic bag is M.O. 14. The muddemal property was sent to the chemical analyser and the report of the chemical analyser is at Exhibit P.W.29/A. The report of the burning of the room of deceased Nirmala was received by P.W.25 Babu Panedkar, which is at Exhibit P.W.25/A. P.W.19 Ramchandra Ashreth, who was working in the Electricity Department, had found that there was no electrical connection to the room of Nirmala and, therefore, opined that fire was not as a result of electrical short circuit. P.W.21 Desmond Cardozo has drawn the sketch of the burnt house as well as of the well from where the dead bodies were recovered. The sketch is at Exhibit P.W.21/A. The prosecution has also relied on the panchanama of the scene of offence, that is, well, which is at Exhibit P.W.4/A, drawn in the presence of P.W.4 Santosh Naik. The sketch map is at Exhibit P.W.4/B. From the well M.O. 1 a torn blouse, which was floating in the water and M.O. 2 an underwear were attached. Part of the blouse, which was on the person of deceased Nirmala, was attached in the presence of P.W.12 Raju Naik by a panchanama which is Exhibit P.W.12/B after the inquest panchanama vide Exhibit P.W.12/A on the body of Nirmala was drawn.