ASHOK GAVADE Vs. STATE OF GOA

JUDGEMENT

(1.) THE appellants are the accused in sessions case No. 6/92 who arc challenging the judgment of the learned Sessions Judge, South Goa, Margao dated 3. 8. 1993. 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. nw. section 34 of I. P. C. and sentenced each of them of life imprisooment 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 occurrcd on the night of 2. 12. 1991 at Pirla, Quepem and the body of the deceased was purported to have becn diseovcred only on 6. 12. 1991. The main prolagonisls 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 eoxamined 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 stranglation. Thereaner 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. lts house. It is further the case of the prosecution that in furtherance of the plan, Surekha anegedly 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 10 Rohidas and made him totally under the influence of liquor. Then she took accused No. 2 Ashok inside the house at late nigbt 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 diiections as a result where of 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 kilometer from her house wherein jt was dumped.