RULASHA FERNANDES Vs. STATE

JUDGEMENT

(1.) The applicant is prosecuted for an offence punishable under Ss. 120-B, 302 and 201 of Penal Code, 1860 (IPC) vide Sessions Case no. 4/2022 pending before the Court of Sessions at Panaji.

(2.) First Information Report was registered with Ponda Police Station on 31/10/2021 by one Naresh Prasad, who is the brother of the deceased Harinder Prasad. The prosecution case is that the deceased was having extramarital affair with the lady, namely Cabrina. On the day of incident, the deceased left the house and was subsequently found dead. There is no eye witness to the incident and the entire case is based on circumstantial evidence. Investigation revealed that the deceased was called by Cabrina at her house. Other accused also visited her house. He was made to drink liquor and assaulted by the accused. He succumbed to the injuries. His dead body was thrown under the bridge. Investigation proceeded. Accused were arrested. The applicant was allegedly occupying the premises where the alleged incident occurred along with the co-accused Cabrina. During the course of investigation, statement of the applicant was recorded under Sec. 164 of the Criminal Procedure Code, 1973, (Cr.P.C.), wherein she has stated that the incident had occurred in her presence and that she has assisted the co-accused in taking the body near the bridge and thrown it by bringing a two wheeler. She has not admitted her participation in the sense that she was involved in assaulting the deceased. On completing investigation, chargesheet was filed. The applicant preferred application for discharge before the Court of Sessions. The said application was rejected vide order dtd. 2/3/2023.

(3.) Learned Senior Advocate Shri Lotlikar, appearing for the applicant, submitted that there is no evidence to show the involvement of the applicant in the crime. There is no eye witness to the incident. No role of assault is attributed to the applicant. Prosecution is relying upon the statement of the applicant recorded under Sec. 164 of Cr. P.C. Her statement is exculpatory. The applicant has not admitted her participation in the assault. Her statement at the most indicate that she had wiped out the blood stains from the floor at the place of incident and that she had assisted the co-accused in disposing the body of the deceased. The Investigating Agency, however, has not collected any evidence to show that the applicant was conspirator or has actually participated in assaulting the deceased.