(1.) THE State being aggrieved by the judgment of the learned Sessions Judge, Panaji, dated 28th February, 2003, in Sessions Case No. 40 of 2001, acquitting the Respondent No. 1/ Accused for an offence punishable under Sections 302 and 307 of the Indian Penal Code, has filed the present Appeal challenging the aforesaid judgment.
(2.) THE facts, as are necessary for the decision of this Appeal are set out hereunder:p. W. 12, P. 1. Gundu Naik, who was attached to the Calangute Police Station referred P. W. 4, Sanjay Kumar Singh and injured Ajay Pal Singh to the Goa Medical College on 10th May, 2001. At about 00. 45 hours of 11th May, 2001, P. W. 4, Sanjay Kumar Singh returned back to the police Station and filed a complaint at Exh. 20. The complaint was filed against the present Respondent Nol and one Mansukh Gujarati, who was absconding and was never put to trial. On the basis of the said complaint, an offence came to be registered and the scene of the offence panchanama came to be drawn at Exh. 36 in the presence of the witnesses. Exh. 44 is the Sketch of the scene of the offence. Sample of control mud and blood mixed with mud was attached. Since the deceased had succumbed to his injury, inquest panchanama at Exh. 37 was drawn. The post mortem on the dead body of deceased Ajay Pal Singh was conducted by P. W. 7, Dr. E. J. Rodrigues, who found one incised wound of 3x 0. Scms. Obliquely placed, 75cms. above right heel and 22 cms. below right anterior superior ilias spine, situated in upper portion of middle front of right thigh. He found that the wound had made a corresponding cut in sub-cutaneous tissue thigh muscle and the fumoral vessel at that level with extensive extra vassation of blood all along the track of wound. He opined that the injury was caused by sharp pointed penetrating weapon and was ante-mortem in nature. He, therefore, opined that death was due to haemorrhage and shock as a result of said injury. The Post Mortem Report is at Exh. 27. A motorcycle bearing registration No. GA-01-0-0070 which was found at the scene of the offence was attached under a panchanama and during the trial came to be released to Respondent No. 1 herein vide an Order of the Trial Court dated 2nd January, 2002.
(3.) ON 12th May, 2001, Respondent No. 1 herein came to be arrested. The Arrest Panchanama, Exh. 10, was drawn in the presence of P. W. 1, Manoprasad Poudal. On 13th May, 2002, the Accused was sent for medical examination and was examined by P. W. 7, Dr. E. J. Rodrigues. The finger nail clippings and the scalp hair of the Accused were preserved. He did not notice any other injury on the person of the Accused. The Report in respect of the examination of the Accused is at Exh. 30. The Blood Group of the Accused vide Exh. 31 was 0 Rh Positive while that of the deceased vide Exh. 28 was Rh Negative. On 15th May, 2001, Respondent No. 1/accused is alleged to have volunteered to discover the weapon of the assault which came to be recovered in the presence of P. W. 5, Francis Fernandes. The panchanama of the disclosure statement and the recovery is at Exh. 45.