STATE Vs. EKNATH THAKUR

JUDGEMENT

(1.) HEARD Mr. Rivankar, learned Public Prosecutor for the petitioner, Ms. Collasso, learned Counsel for the respondents and Ms. Matkar, learned Amicus Curiae.

(2.) RULE . Rule made returnable forthwith. By consent heard forthwith.

(3.) CHARGE sheet was filed by Pernem Police against the respondents (accused persons) for offence punishable under Section 302 r/w Section 34 of Indian Penal Code (I.P.C.) alleging that on 31/03/2013 between 13.30 hours to 14.30 hours at Naphale, Nanachepani, Varkhand, Pernem, Goa, the accused persons, in furtherance of their common intention, assaulted Shri Sadanand Thakur with wooden danda and laterite stone, due to previous enmity over the issue of sharing of ancestral landed property and ancestral house and thereby caused serious injuries on his body which resulted into his death on the spot. Upon committal of the case, the same was registered before the Sessions Court as Sessions Case No. 43 of 2013.