TULSI TANGAPPA PILIAI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) APPELLANT challenges his conviction under section 304 part I of the I. P. C. recorded by the learned Sessions Judge. South Goa, Margao, in Sessions Case No. 12/91 and wherein he has been sentenced to six years of Rigorous Imprisonment and also directed to pay a fine of Rs. 1,000. 00 and in default to undergo six months of imprisonment.

(2.) THE prosecution case against the appellant is that at about 22. 30 hours, on 31st, 1991, at the construction site at Calconda of Navelim, Salcete Taluka, after exchange of hot words and some fight, the appellant rushed to his shed, came with a knife in his hand and stabbed one Parmeshwar (deceased) on the left side on the back with the result Parmeshwar collapsed on the ground and soon succumbed to his injuries after he was rushed to the Hospital.

(3.) IN support of the prosecution case, as many as 11 witnesses were examined. Having regard to the prosecution case for the purpose of appreciation of this appeal, in our view, reference is required only to two material eye-witnesses and to some extent the medical evidence.