YASHWANT ALIAS SAMIR BHAGAT Vs. STATE

JUDGEMENT

(1.) BY this appeal, the appellant takes exception to judgment and order dated 21.11.2003, passed by the learned Sessions Judge, North Goa, Panaji in Sessions Case No. 1/2003, convicting the appellant under Sections 302 and 454 of the Indian Penal Code and sentencing him to suffer imprisonment for life and to pay a fine of Rs. 3.000/ -, in default to suffer rigorous imprisonment for three months for the offence under Section 302 of the I.P.C. and further sentencing him to suffer rigorous imprisonment for three years and to pay a fine of Rs. 1,000/ -, in default, to suffer rigorous imprisonment for one month for the offence under Section 454 of the I.P.C.

(2.) THE prosecution case, in brief, is that on 18.9.2002 between 13.00 to 13.25 hours, at Panshiwada, Pernem, the appellant effected entry into the room of Shri Chandrakant Yashwant Bhagat by cutting window grills and assaulted his wife Kavita Chandrakant Bhagat with a knife on her abdomen with an intention to commit her murder. Thereafter, the said Kavita was taken to Pernem Health Centre and thereafter to the Goa Medical College, where she expired on 24.9.2002 at 14.40 hours. F.I.R. was lodged by the husband of the deceased Kavita on 18.9.2002 at about 9.30 p.m. at the Pernem Police Station.

(3.) THE evidence led by the prosecution has been rightly categorised into seven categories by the learned Trial Court and they are as follows : (i) Eye -witnesses. (ii) Witnesses who arrived at the spot of incident immediately after the occurrence of the incident. (iii) Recovery of the weapon of assault at the instance of the accused. (iv) Purchase of the weapon of assault, namely the knife by the accused. (v) Medical evidence. (vi) Other evidence. (vii) Motive for committing the crime.