RAGHU SARANGI Vs. STATE OF GOA

JUDGEMENT

(1.) This appeal is filed by the accused, in Sessions Case No. 14 of 2008, who has been convicted and sentenced for the offence punishable under Section 302 of Indian Penal Code (I.P.C.) for life imprisonment and to pay fine of Rs. 10,000/- in default to under go rigorous imprisonment for six months.

(2.) The accused, the deceased Rehman and one Mani had no permanent residence in Goa and they used to earn their livelihood by doing labour work. They used to sleep sometimes at Calangute beach and sometimes behind "D'Cunha Bar" near Alcon Hotel, Maddawado, Calangute. On 14/3/2008, prior to 15.45 hours, the deceased was found lying in injured condition on a cemented water tank behind the said D'Cunha Bar and he was taken to P.H.C. Candolim and from there to Goa Medical College Hospital, where he was admitted. The deceased expired on 07/04/2008.

(3.) Case of the prosecution, in short, is that on 14/03/2008 prior to 15.45 hours behind D'Cunha Bar, Maddavaddo, Calangute, Bardez-Goa, the accused committed murder of said Mr. Rehman by assaulting him with cemented stone and causing grievous injuries on his head as a result of which he expired while undergoing treatment in GMC Bambolim Goa on 07/04/2008.