ASHOK GAVADE Vs. STATE OF GOA

JUDGEMENT

(1.) -THE appellants are the accused in sessions case No. 6/92 who are challenging the judgment of the learned Sessions Judge, South Goa, Margao, dated 3-8-93. By the aforesaid judgment the learned Sessions Judge has convicted both the appellants for offences under sections 302 and 201 of the I. P. C. r/w. section 34 of I. P. C. and sentenced each of them of life imprisonment and fine of Rs. 1,000/- and in default to 3 months R. I. as far as the offence under section 302 of I. P. C. is concerned and 6 months R. I. and Rs. 500/- fine or in default to plus 2 months R. I. in respect of the offence under section 201 of I. P. C.

(2.) THIS is a case which allegedly occurred on the night of 2-12-1991 at Pirla, Quepem, and the body of the deceased was purported to have been discovered only on 6-12-91. The main protagonists of the tragic incident are the accused No. 1 Surekha Desai married to one Suresh Desai, a police constable at that time attached to Colva Police Station, Ashok Gavade, the accused No. 2, who is a labourer working in the sugarcane plantation at Pirla and the deceased Rohidas Shankar Desai who was working as a peon at Pirla in the Animal Husbandry Department. The conviction of the accused is based essentially on circumstantial evidence and 18 witnesses were examined by the prosecution, including the accused No. 1 Surekhas minor son Anil, of 8 years of age.

(3.) IT seems that Surekha developed illicit relations with Rohidas and later on with accused No. 2 Ashok also which was objected by Rohidas and therefore, both the accused hatched a plan and decided to get rid of him and caused his physical elimination by way of strangulation. Thereafter the two accused with the help of Anil threw the dead body of Rohidas in a dry nullah, 500 meters away from the accused No. 1s house. It is further the case of the prosecution that, in furtherance of the plan, Surekha allegedly purchased a liquor bottle and eggs on or about 2-12-1991 and invited Rohidas to her house on that night. Thereupon she served plenty of liquor to Rohidas and made him totally under the influence of liquor. Then she took accused No. 2 Ashok inside the house at late night and both tied a rope around the neck of Rohidas whilst he was practically unconscious due to drunkardness and then the two tightened the rope around the neck by standing in opposite directions as a result whereof Rohidas died due to strangulation. Thereafter both the accused with the help of Anil dragged the body of Rohidas from the back side of the house to a nullah located about half kilometre from her house wherein it was dumped.