CAJETAN FERNANDES Vs. STATE

JUDGEMENT

(1.) Heard learned counsel for the applicant.

(2.) This is an application for bail for offence punishable under Sec. 302 of Penal Code, 1860. The date of the FIR is 8/3/2017 registered with the Calangute Police Station, North Goa. The applicant is in custody for almost 6 years. The trial has commenced and 3 witnesses are examined. The witnesses are pancha witnesses. There are in all 33 witnesses to be examined. Learned Public Prosecutor while opposing the application for bail submitted that there is adequate material against the applicant in the chargesheet to show his complicity with the offence in question. It is submitted by him that there are eye-witnesses. Two of the eye-witnesses have expired. In any case according to him there are eyewitnesses whose statements have been recorded under Sec. 161 of Cr. P.C. and they have categorically stated that it is the applicant who is the author of the injuries.

(3.) I have gone through the version of the eye-witness dtd. 8/3/2017 who is the complainant. The incident happened on 8/3/2017 at around 01 : 00PM. The deceased was the conductor of business of the bar where the applicant was coming daily for taking drinks. It seems that in respect of an incident which had happened a couple of hours earlier, with which the applicant was not concerned, the applicant started teasing the deceased. Later on the deceased and the applicant started quarrelling and began abusing each other. The applicant took out a knife from his pocket and all of a sudden assaulted the conductor (deceased) of the bar. The deceased sustained stab injuries on his right hand, right wrist and back. Post mortem notes revealed that it is on account of injury no. 1.which was on the right hand above the elbow that the death is caused. The cause mentioned is hemorrrhage and shock, which was caused by sharp pointed cutting edge weapon and fatal in the course of the injury.