JOHAN CRASTO Vs. STATE OF GOA

JUDGEMENT

(1.) The accused in sessions Case No. 51/2000 has filed this appeal against the Judgment/order dated 6/8th March, 2002 of the learned Addl. Sessions Judge, Panaji convicting and sentencing him under Section 302, I. P. C. to undergo imprisonment for life and to pay a fine of Rs. 3,000/- in default, to undergo R. I. for a further period of six months.

(2.) The deceased Premnath alias babai Govekar and the accused were apparently friends. The deceased normally used to go to sleep in the veranda of "mama Janet Cafe" situated near Starco junction at Anjuna. On the night of 1st and 2nd July, 2000 till about 2.30 a. m. , the accused was last seen with the deceased drinking together and later quarrelling over a head light at the said veranda of Mama janet Cafe. The deceased then was seen at about 6.30 a. m. i. e. on 2-7-2000 by one Pravin salgaonkar lying on the road near Starco junction near the said Mama Janet Cafe and other establishments, with injuries on his head and face. The deceased who had defecated in his underwear was also found with the said head light in his underwear and then his clothes were changed and he was taken to the G. M. C. Hospital where he expired at about 22.25 hrs. on the same day and whereupon a post mortem was conducted upon his dead body on 3.7. 00 by P. W. 12 Dr. Rodrigues who opined that the death was due to the combined effect of the head and facial injuries consequent to blunt force impact and which were fatal in the ordinary course of nature. The First Information Report was lodged by P. W. 2/ Sunil Govekar who had reached the scene after receiving information from the said Pravin Salgaonkar and the case was investigated by P. W. 18/p. I. Shri. Mhamal of Anjuna Police Station.

(3.) The case of the prosecution, briefly stated, was that between 02.15 to 06. 00 hrs. on 2.7.2000 the accused assaulted the deceased with bamboo danda on the face and head and caused grievous injuries whilst the deceased was asleep, motive for assault being the issue of headlight of the accused which the deceased had concealed in his underwear.