SUDHIR KANULNA Vs. STATE

JUDGEMENT

(1.) The appellant-accused has approached this Court being aggrieved by the judgment and order dated 4th/5th June, 2010, passed by the learned Additional Sessions Judge (2), South Goa, at Margao in Sessions Case No.8/2008, thereby convicting the appellant-accused for the offence punishable under Section 302 of the Indian Penal Code (IPC), and sentensing him to undergo Life Imprisonment and to pay a fine of Rs.10,000/-, in default, to undergo Rigorous Imprisonment for a further period of two months.

(2.) The prosecution case, in brief, is as under :

(3.) Shri Parsekar, learned Counsel appearing on behalf of the appellant submits that the learned trial Judge has grossly erred in convicting the appellant. The learned Counsel submits that the prosecution has utterly failed to prove the case beyond reasonable doubt. The learned Counsel submits that even the witnesses who have been examined by the prosecution in support of the circumstance regarding last seen together are concerned, their evidence is not realiable and trustworthy. The learned Counsel further submits that in so far as other circumstance regarding recovery of the alleged weapon is concerned, the recovery is from an open place, accessible to one and all, and as such, cannot be said to have been proved beyond reasonable doubt. The learned Counsel, therefore, submits that the prosecution has utterly failed to prove the case and, as such, the order of conviction is not sustainable.