DEVA BISWAS Vs. STATE OF GOA

JUDGEMENT

(1.) Heard Ms. B. Andrade, learned Counsel appointed under the Legal Aid Scheme on behalf of the Appellant, and Mr. Nikhil Vaze learned Additional Public Prosecutor for the State.

(2.) This appeal is directed against the judgment and order dtd. 30/11/2017, by which the Appellant was convicted for an offense under Sec. 302 of the Indian Penal Code (IPC) and sentenced to suffer imprisonment for life and to pay a fine of Rs.10,000.00 and in default to undergo three months simple imprisonment. The Appellant was also convicted for an offense under Sec. 201 of IPC and sentenced to undergo rigorous imprisonment for three years and pay a fine of Rs.10,000.00 and, in default, undergo simple imprisonment for one month.

(3.) On 19/11/2015, the Learned Additional Sessions Judge framed a charge against the Appellant alleging therein that on 6/7/2015 at about 00.30 hours at D'Costa Restaurant, IDC, Verna, Goa, the Appellant intentionally and knowingly murdered one Shiva Bhakti thereby committing an offense under Sec. 302 of IPC. The charge also states that the Appellant caused certain evidence concerning the said offense to disappear to screen himself from legal punishment and thereby committed a crime punishable under Sec. 201 of IPC. The Appellant refused to plead guilty and claimed to be tried.