STATE Vs. RAJANISH SINGH ALIAS RAJU BHAYAM BHAGEL

JUDGEMENT

(1.) This is an appeal against acquittal, filed by the State.

(2.) Both the respondents (accused) were tried by the learned Additional Sessions Judge II, Panaji (Trial Judge) in Sessions case No. 27 of 2006 for commission of offence punishable under Sections 302 and 392 read with Section 34 of the Indian Penal Code (I.P.C.) and Section 3 read with Section 27 of the Arms Act, 1959.

(3.) A complaint (Exhibit 159) was lodged by one Rajesh Kashinath Naik on 15/07/2002 alleging that on 15/07/2002 between 17.15 hours to 17.30 hours, some unknown person aged about 25 to 30 years, wearing whitish shirt and half short pant fired a firearm and caused serious injuries on the chest of his sister namely Tanuja Naik which resulted into her death. Upon this complaint, offence was registered vide Ponda Police Station Crime no. 168/02. After some investigation carried out by the Ponda Police, the case was transferred to CID, Crime Branch, Donapaula-Goa. On 07/08/2006, the accused no. 1 was arrested in Ponda Police Station, Crime No. 94 of 2006 registered for offence punishable under Section 379 of I.P.C. and during interrogation, his involvement in the murder of Tanuja Naik came to light. Therefore, the custody of the accused no. 1 was taken over by the Deputy Superintendent of Police, Crime Branch, Donapaula, on 08/08/2006, in the present murder case. It appears that the accused No.1 disclosed the involvement of the accused no. 2 and therefore he was also arrested on 15/08/2006.