(1.) THIS appeal against acquittal of three accused is by the State, challenging Judgment dated 20/2/2013, in Sessions case No.19/2007, delivered by the Additional Sessions Judge1, South Goa, Margao. The Sessions Judge acquitted accused Nos.1 and 2 i.e. respondents No.1 and 2 in this appeal, of offence under Section 120B of Indian Penal Code (IPC).
(2.) THE prosecution story, in brief, is that the deceased Sameer Mapari was in employment of accused Nos. 1 and 2 as driver. In the course of employment, he came to know about their illegal dealings and transactions. He also felt that his wages were low and not being paid properly and, therefore, had decided to give up their employment on 31/7/2007 and to join the employment with another person.
(3.) ACCUSED Nos. 1 and 2 apprehended that Sameer, after leaving their job, may disclose their role in attempted murder of one Mariano Mascarenhas in the year 2006. One brother of accused Nos. 1 and 2 was an MLA till 2007 and in the elections conducted in 2007, he lost to one Sham Satardekar. In the last week of July, 2007, when session of State Legislative Assembly was going on, the new MLA Shri Satardekar (PW88) had raised a starred question on inaction of police in the investigation of attempt on life of said Mariano Mascarenhas. He had also sought certain information in relation thereto. This question was to be discussed in the Assembly on 31/7/2007 and this "calling attention motion" tabled by said Shri Satardekar, alerted the accused persons. Sameer left for his work, as usual, in the morning on 31/7/2007. He did not return for lunch in the afternoon. He did not come back also till late hours in the night and hence, his mother went to residence of accused No.1 on next day early morning. Accused No.1 informed her that Sameer was paid Rs. 2000/and had gone to Ponda.
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