MAHESH ROHIDAS KINALKAR Vs. STATE OF GOA

JUDGEMENT

(1.) These appeals have been filed by : mahesh Rohidas Kinalkar, Joao alias Francis alias Lapit Fernandes, Francis revantrop Dias, and Domnic Matias D'sa who were accused Nos. 3, 4, 5 and 6 in Sessions Case No. 17/1998 before the learned Additional Sessions Judge, mapusa, Goa and who by judgment/order dated 29-9-2003 and 18-10-2003 respectively have been convicted and sentenced under sections 304 (II) , 323, 143, 147 r/w 149 I. P. C. to undergo Rigorous Imprisonment for 5 years under section 304 (II) I. P. C. that being the longest period of imprisonment imposed on the said accused. I am informed that the accused who have filed the present appeals have undergone the sentences imposed upon them under different sections and were released thereafter.

(2.) The case of the prosecution, briefly stated, was that on 28-3-1988 at about noon at Poira in Mayem, the accused along with absconding accused nos. 8 and 9 formed unlawful assembly armed with weapons such as knife, iron rods, bamboo dandas and in furtherance of the common object of the said assembly assaulted Vaman Pole alias Daielo/p. W. 17, Megharaj Bhosle/ p. W. 2 and Surendra Haldankar (deceased) and then threw the said Megharaj bhosle/p. W. 2 and Surendra Haldankar (deceased) into the rivulet and while they attempted to swim, the accused threw stones on them and as a result the said Surendra (deceased got drowned into the rivulet and died while megharaj/p. W. 2 saved himself by swimming across the rivulet.

(3.) The learned Additional Sessions Judge convicted and sentenced, as already stated, the first 7 accused, accused Nos. 8 and 9 having been absconding. Again, as already stated, all the convicted and sentenced accused have undergone the sentences imposed upon them but only the accused/ appellants herein have chosen to contest their conviction.