RAJ NARAYAN SHIRKE Vs. STATE OF GOA

JUDGEMENT

(1.) Heard Shri Mahesh Amonkar, learned Counsel appearing for the Appellant and Shri C. A. Ferreira, learned Public Prosecutor, appearing for the Respondent-State.

(2.) The challenge in the above Appeal is to the conviction of the Appellant in Sessions Case no. 4/2006 passed by the learned Sessions Judge, North Goa, at Panaji, under Section 302 of the Indian Penal Code for which he has been sentenced to undergo imprisonment for life and pay a fine of Rs.10,000/-and in default to undergo simple imprisonment for a period of six months.

(3.) It was the case of the prosecution/Respondents that the Appellant and the deceased were residing in a house at Piddukarwada, Jogiwada, IDC Road Bicholim and that there were frequent quarrels between the two over drinks relating to the use of a portion of the house by the accused who was admittedly married to the sister of the deceased. It is further their contention that the Appellant was doing his tailoring job in a portion of the house of the deceased who was residing with his aged mother and sister and that on the fateful night, the Appellant had stabbed the said deceased Sanjay in his stomach using a knife when he had gone to have a wash after dinner and caused bleeding injuries to him. It is further the case of the prosecution that the Appellant had soon thereafter left the house and was detained only during the early hours of the next morning whilst returning home by the Police who were keeping guard on him. It is further their case that the incident of assault was a fall out of a difference between the Appellant and the deceased relating to the house property belonging to the deceased and his mother and his married sister residing in the portion of the rear side with the Appellant.