NIMA TAMANG Vs. STATE OF GOA

JUDGEMENT

(1.) Appellant/Accused preferred present appeal thereby challenging the judgment and conviction dtd. 28/7/2022 in Sessions Case No.9/2019 passed by Additional Sessions Judge, Margao thereby holding the Appellant as guilty for the offences punishable under Sec. 302 and 394 of IPC.

(2.) Ms Gina Maria Almeida, learned Counsel appeared for the Appellant (appointed under Legal Aid Scheme) and learned Additional Public Prosecutor Mr Nikhil Vaze appeared for the State

(3.) Accused was charged for the offences punishable under Sec. 302 and 394 of IPC wherein it was alleged that on 12/2/2019 at around 02:30 hours, he assaulted the waiter by name Ranjit s/o Hari Singh, aged 33 years, resident of Hawana Cuba, Palolem, Canacona, Goa with wooden rib on his head, face and committed murder and decamped with cash and mobile of the deceased. On explaining the charge, Accused pleaded not guilty and claimed to be tried. Prosecution examined in all 20 witnesses. No witness in support of defence was examined. The Statement of Accused under Sec. 313 of Cr.P.C. was recorded wherein he denied the entire case of the Prosecution.