GURUDAS GAONKAR S/O MAHADEV Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 7th/8th April, 2008, passed by the learned Sessions Judge, South Goa, Margao (Trial Judge), in Sessions Case No. 19/2006. The appellant, accused in the said case, was tried for offences punishable under Sections 302 and 201 of the Indian Penal Code (I.P.C.). He has been convicted for committing both the offences. In respect of the offence under Section 302 of I.P.C., the accused has been sentenced to undergo life imprisonment and also to pay a fine of Rs.5000/-, in default to undergo rigorous imprisonment for further period of three months, whereas, in respect of the offence under Section 201 of I.P.C., he has been sentenced to undergo rigorous imprisonment for three years and to pay fine of Rs.1000/-, in default to undergo one month rigorous imprisonment. The substantive sentences have been ordered to run concurrently. The appellant shall hereinafter be referred to as the accused.

(2.) Case of the prosecution, in short, was that on 8/3/2006 between 16.00 hours to 17.00 hours, at Haldikune Netravali, Sanguem, the accused committed murder of his wife Mrs. Prema Gaonkar, by assaulting her with a danda on her head and thereafter buried her in order to destroy the evidence.

(3.) Facts, revealed from the case papers, are as under :-