LAWS(BOM)-2014-4-246

DOMNIC LUIS Vs. STATE

Decided On April 04, 2014
Domnic Luis Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) Heard Mr. Bras De Sa, learned Counsel appearing on behalf of the petitioner, and Mrs. Gomes Pinto, learned Additional Public Prosecutor (A.P.P.) appearing on behalf of the respondent.

(2.) By this Revision Application, the petitioner has taken exception to the judgment and order dated 04/10/2013 passed by the learned Sessions Court, South Goa, Margao (Sessions Court) in Criminal Appeal No. 49/2011. The Revision Application was admitted on 1/10/2013 and hearing was expedited. In this Revision Application, on 03/04/2014, i.e. yesterday, the applicant filed an application under Stamp Number Application No. 910 of 2014 praying therein to direct the respondent to conduct a narco analysis test and/or brain electrical activation test of the petitioner prior to hearing the petitioner's Revision Application. The Revision Application as well as the said Miscellaneous Application are taken up together for final hearing.

(3.) The petitioner was the appellant in the said Criminal Appeal No. 49/2011 and had challenged the judgment and order dated 05/05/2011 passed by the learned Judicial Magistrate, First Class, Margao ('JMFC' for short), by virtue of which, he was convicted and sentenced for offence punishable under Sections 279 and 304-A of I.P.C. The Appellant shall, hereinafter, be referred to as the accused.