ASSIS COLACO Vs. STATE OF GOA

JUDGEMENT

(1.) ANGERED by the act of the deceased, Shashikant Kawade, in slapping one of the accused the appellant and original accused No. 1 Shamsuddhin A. Shaikh threatened the deceased and ultimately on the same day that is on 13th May 1996 at about 8. 15 p. m. committed the murder of deceased Shashikant. On this allegation the appellant and the original accused No. 1 Shamsuddhin stand convicted by the Additional Sessions Judge, South Goa, Margao, by Judgment dated 22nd February 2000 in Sessions Case No. 20 of 1998. The appellant, who is the original accused No. 2, has alone preferred the appeal while the original accused No. 1 Shamsuddhin, son of Abdul Razak Shaikh, has chosen not to challenge his conviction. The appellant is sentenced to suffer imprisonment for life.

(2.) IN response to a telephonic message received by P. S. I. S. D. Naik about 8. 35 p. m. on 18th May 1998, P. W. 16 Vaman Tan, who was working as P. 1. and in-charge of Margao Town Police Station, proceeded to the scene of the offence. Later on at about 11. 30 p. m. , an F. I. R. , Exhibit PW. 1/a came to be filed by P. W. 1 Smt. Amli Kawade, wife of the deceased. On the basis of the said complaint an offence vide Crime No. 221 of 1998, under Section 302 read with Section 34 of the Indian Penal Code against the appellant and the original accused No. 1. Shamsuddhin came to be registered. The appellant and the original accused NO. 1 Shaillsuddhinwere admitted in the hospital because of the injuries received by them due to the beating given by the persons who had apprehended them, came to be arrested on 19th May 1998 at about 7. 00 a. m. and 20th May 1998 respectively. P. W. 10/a is the arrest/ attachment panchanama of the appellant evidencing the attachment of his clothes in the presence of P. W. 10 Shantaram Mane. The clothes which came to be attached by the said panchnama is a black Tshirt and blue colour trouser. Thereafter. P. W. 16 P. 1. Tan instructed P. W. 15 P. S. 1. Uttam Raut Dessai to conduct the inquest panchanama of the dead body of the deceased Shashikant, P. W. 15 P. S. 1. Uttam conducted the inquest. panchanama of deceased on 19th May 1998 vide Exhibit P. W. 3/a in the presence of P. W. 3 Srirang Kavde. Subsequently P. W. 15 P. S. 1. Uttam attached the clothes of the deceased vide panchanama Exhibit P. W. 10/ A in the presence of P. W. 10 Shantaram Mane. The dead body of Shashikant was sent for autopsy examination and the autopsy was performed by P. W. 4 Dr. Avinash Pujari, whose postmortem report is at Exhibit P. W. 4/a. P. W. 4. Dr. Pujari has opined that death was caused on account of haemorrhage and shock due to penetrating incised stab wound on the chest involving heart. On dissection of the incised wound P. W. 4 Dr. Pujari had noticed that the penetrating incised stab wound had pierced the skintt and underlying subcutaneous and muscles. It further pierced the fifth rib near cartilage and lower edge slit like, injured parental bluer entered chest cavity, injured pericardium near tip slit like about 2 cms. in length. It has pierced the musculature of left ventrical near tip/ slit like width 1. 5 cms. length through and through and entered the left ventricular cavity. On the same day, thalis. 19th May 1998. P. W. 16 P. 1. Tan had conducted the scene of offence panchanama and had drawn a sketch, which are at Exhibit P. W. 5/a colly. The scene of offence panchanama was conducted in the presence of P. W. 5 Mohammed Gawas Khan. From the scene of offence one G. I. pipe piece, knife, pair of old chappals, blood stained mud and control sample of mud were attached. P. W. 16 P. 1. Tan had then called the photographer P. W. 6 Ganadeep Sheldekar, who had taken photos of the scene of offence and had also taken photos of the dead body at the morgue after the postmortem. On 20th May 1998 P. W. 16 P. 1. Tan had recorded the statement of Savio Monteiro and on 21st May 1998 he had recorded the statements of P. W. 2 Rafik Gondi and others. On 23rd May 1998 P. W. 16 P. 1. Tan had received the sketch of the scene of offence drawn by P. W. 8 Vinod Naik in response to the letter sent by P. W. 16 P. 1. Tan; which is at Exhibit P. W. 8/a. The sketch/map drawn by P. W. 8 Naik is at Exhibit P. W. 8/b. On 24th May 1998 the original accused No. 1 Shamsuddhin was arrested vide arrest panchanama at Exhibit P. W. 7/a. The arrest was effected by P. W. 14 P. S. 1. Ganpat Oskar in the presence of P. W. 7 Viswas Chari. On 26th May 1998 the muddemal articles were sent to the Chemical Analyser at Hyderabad and the examination reports are at Exhibit P. W. 16/a colly. A chargesheet against the appellant and the original accused No. 1 Shamsuddhin came to be filed in the Court.

(3.) THE Additional Sessions Judge, South Goa, Margao, vide Exhibit 6 framed a charge against the appellant and the original accused NO. 1 Shamsuddhin for an offence punishable under Section 302 read with Section 34 of the Indian Penal Code. Both the accused denied their guilt and claimed to be tried. The prosecution in support of its case examined 16 witnesses. The defence of the appellant and the original accused No. 1 Shamsuddhin is of denial. They have further stated that on the relevant day they were proceeding on the road from Rawalfond after getting down from a bus: Whilst they were so proceeding, they were caught by the public and assaulted.