SURESH VADNUR Vs. STATE OF GOA

JUDGEMENT

(1.) This is an appeal filed by the accused, in Sessions Case No. 12 of 2008, challenging the Judgment and order dated 17/12/2009, passed by the learned Sessions Judge- II, Margao (Trial Judge), by which he has been convicted of the offence punishable under Section 302 of the Indian Penal Code (I.P.C.) and sentenced to undergo life imprisonment and to pay a fine of Rs. 5000/- in default to undergo rigorous imprisonment for a period of two months.

(2.) The accused was tried for the said offence of murder under the allegation that on 14/03/2008 at about 20.45 hours at Pawangal, Kumbarwada, Sacorda, Sanguem, he assaulted the deceased Vithal Zunzure with a wooden danda on his head, nose and other parts of the body, thereby causing serious injuries to him, as a result of which he died.

(3.) The prosecution, in order to prove the charge, examined altogether 16 witnesses. PW1, Dr. Andre V. Fernandes conducted the post mortem examination on the dead body of said Vithal Zunzure and also examined the accused. The report of post mortem examination is at Exhibit 14 whereas the report of examination of the accused is at Exhibit 18. PW2, Shamim Ibrahim Khan acted as one of the panch witnesses to the inquest panchanama (Exhibit 22) conducted over the dead body of the deceased. PW3, Subhash Verekar acted as one of the panch witnesses to the panchanama of the arrest of accused and attachment of his clothes which is at Exhibit 24. PW4, Ramchandra Volvoikar acted as one of the panch witnesses to the panchanama of the scene of offence which is at Exhibit 28. PW5, Dr. Nutan Dev, the Medical Officer of I. D. Hospital at Ponda, examined Vithal Zunzure brought before her by GATES and found that he was dead. She gave a report which is at Exhibit 31. PW6, Kashinath Phadte is Civil Draughtsman attached to P.W.D., Ponda. He drew the sketch of the scene of offence which is a part of Exhibit 36(Colly). PW7, Gurudas Prabhu clicked the photographs at the scene of offence, which photographs are at Exhibit 38 (Colly) whereas the C.D. of the photographs is at Exhibit 52. PW8, Shamsunder Shivolkar and one Umesh Kaskar had detained the accused who was brought at bus stop by PW 9, Rajendra Desai, the owner of the farm in which the accused and the deceased were working as labourers. PW9, said Rajendra Desai lodged the complaint, Exhibit 42 with the Collem Police Station upon which the Crime no. 09 of 2008 came to be registered against the accused. PW10, Kondo Dadu Hegdo was then working as a constable at Collem Police Station and he had received information about the fight between the accused and the deceased which was going on at the farm of Rajendra Desai. PW11, Subhash Nagekar was working as Head Constable at Collem Police Station and he along with PW10 had gone to the scene of offence. PW12, Pradip Mardolkar is the driver of the jeep owned by said Rajendra Desai (PW9). PW13, Manjunath Dessai is the Police Inspector who was then attached to Ponda Police Station and holding additional charge of Collem Police Station. He conducted part of the investigation. PW14, Pravin Gawas, Police Sub- Inspector, PW15, Dynaneshwar Karmalkar the then Head Constable and PW16, Manoj Mardolkar, Police Inspector, all attached to Collem Police Station conducted the investigation in the present case.