DATTARAM @ PREMANAND GAWAS Vs. STATE OF GOA

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 29th March, 2010 read with order dated 19th April, 2010 passed by the Sessions Court, North Goa, convicting the appellant for the offences punishable under Sections 302 and 392 Indian Penal Code. For the offence under Section 302, the appellant has been sentenced to undergo life imprisonment and to pay fine of Rs.10,000/.

(2.) On 18th November, 2007 at about 5.10 pm., Santosh s/o deceased Darshana complained to Pernem Police Station that on that day in the morning at about 9.30 hours, Darshana left the house for washing clothes at river/stream located at a distance of about half km. behind her house. At that time, the complainant and his brother were at home. Usually Darshana returned home after washing clothes in about half an hour. On that day, when she did not return till about 11 am., the complainant and his younger brother Sanil started searching for her. When they went to her usual place of washing of clothes, they found the bucket of soiled clothes on the steps of the river/stream without any trace of Darshana. Then husband of Darshana and neighbours also joined in the search. Later in the day, the complainant and his family learnt from the villagers that dead body of a woman was lying in the bushes on the bank of the stream at the place known as Devachi Panas, which is at a distance of about 100 to 150 mtrs. from Darshana's usual place for washing clothes. On rushing to the place, the complainant and his family identified the dead body as that of Darshana.

(3.) After locating of the body, the police drew inquest panchanama and panchanama of place of offence. Thereafter the body was sent for postmortem examination. The postmortem examination was conducted by PW7, Dr. Silvano Dias Sapeco.