HIRA LOHAR Vs. STATE OF GOA

JUDGEMENT

(1.) The challenge in this appeal is to the judgment dated 24th /25/5/2023 passed in Sessions Case No. 19 of 2016 by the District and Sessions Judge, North Goa, Panaji, convicting the appellant-accused for the offence punishable under Sec. 302 of the Indian Penal Code. The accused was sentenced to undergo imprisonment for life for the offence punishable under Sec. 302 of the Indian Penal Code (IPC). The accused was also directed to pay a fine of Rs.1,00,000.00 and in default of payment of fine, the accused was to undergo further imprisonment for a period of 3 years. If the fine amount was paid, an amount of Rs.50,000.00 was to be paid as compensation to the relatives of the victim.

(2.) The date of the offence is on 15/7/2016. The FIR was lodged on 16/7/2016. The appellant-original accused was arrested for the offence punishable under Sec. 302 of IPC on the allegation that on 15/7/2016, at around 01.00 hours, at the under-construction site of Poonam Shanti at Shantaban, Merces, Goa, he committed murder of Bishnath Mehar, father of the complainant by strangulating him with the help of a rope like packing material, then hanged him to a cement beam and thereafter inflicted injuries in the stomach of the deceased with a koita. After the matter was committed to the Court of Sessions, the charge was framed. The accused pleaded not guilty.

(3.) The prosecution examined as many as 15 witnesses. Pw.1, Basant Mehar, is the complainant i.e. the son of the deceased. Pw.2-Abbuswalcha Ranebennur, is a panch witness. Pw.3- Shahrukh Ali, is the panch witness for inquest panchanama. Pw.4-Jagir Pategoudra was examined as the panch witness for arrest panchanama. Pw.5-Aslam Pathan, was examined as the panch witness for attachment panchanama. Pw.6-Babajan was examined as panch witness for recovery panchanama. Pw.7- Aniket Devidas, was examined as a police witness. Pw. 8-Dr. Madhu Ghodkirekar conducted the post mortem examination on the dead body of the deceased and Pw.9-Dr. Girish Kamat, conducted the medical examination of the accused. Both the Doctors were examined by the prosecution. Pw.10-Abdul Sattar Karadgi was the contractor who had engaged the labourers at the construction site. Pw.11- Amit Dungdung is an eye witness to the incident. Pw.12-Rajesh Naik, is examined as a police witness. Pw.13-Shri Dattaram S. Angre, as a Nodal Officer with the Vodafone/Idea Cellular Company. Pw.14-Shri Shagun Sawant, who is examined as police witness and Pw.15-Shri Krishna Sinari, as the Investigating Officer.