STATE Vs. SANJAY THAKRAN

JUDGEMENT

(1.) THE dead body of Priya alias Kavita Nanda was discovered on the Vagator Beach, on28th February, 1999. THE dead body of her husband Vikas Nanda was discovered on the Benaulim Beach, also on28th February, 1999. THE two places where the dead bodies were discovered are at a distance of nearly 50 to 60 kilometres from each other. Priya and Vikas Nanda were married on 22nd January, 1999. After their marriage, they proceeded to Vaishno Devi to seek the blessings of the Goddess. From Vaishno Devi, after staying at Delhi for some days, the newly married couple proceeded to Mumbai. After staying in Mumbai for two days destiny brought them inexorably to Goa. THE hand of fate brought them to Goa but it was the hand of man which snuffed their lives at Goa after a few days. THE State, being aggrieved by the Judgment of the IInd Additional Sessions Judge, Panaji, dated-9th January, 2002, in Sessions Case No. 24 of 2000, acquitting the respondents/accused for the murder of Vikas and Priya, has filed the present appeal.

(2.) THE facts as are necessary for the decision of this appeal are set out hereunder :- On 28th February, 1999, P.W.38 P. S. I. Sandesh Chodankar, who was attached to the Anjuna Police Station, received information from the Anjuna Police Station that P.W.2 Charles Mills had filed a report at Exhibit 15 that a dead body of an 'unknown female' was found at the Vagator Beach. On the basis of the said information, P.W.38 P. S. I. Chodankar registered UD No. 5 of 1999 under Section174 of the Criminal Procedure Code and visited the scene.

(3.) HE opined that all these injuries were antemortem in nature and were caused by blunt surface. In respect of the injuries from nos. 8 to 13, noted by him in the report, he opined that they were postmortem in nature. The cause of death, according to him, was asphyxia as a result of drowning in water. Viscera was preserved for chemical analysis. The report of the second postmortem is at Exhibit 95.