EPPIEL DHANWAR Vs. STATE OF GOA

JUDGEMENT

(1.) The challenge in this appeal is to the judgment and order dtd. 28/9/2022 passed by the Additional Sessions Court (FTC-I) South Goa, Margao convicting the appellant under Sec. 302 of IPC for the offence of murder. The appellant was sentenced to imprisonment for life and to pay fine of Rs.50,000.00 and in default to undergo RI for one year.

(2.) The case of the prosecution in brief is as under:

(3.) The appellant, resided together with the deceased and PW-2-Niryarjan Kongari in a room which was close to a construction site where they were employed as construction labourers. They were employed by PW-4-Floriano Colaco who is a civil contractor. PW-1-Sunil and PW-3-Dinesh were also in employment of PW-4 and resided in a room adjacent to that of appellant. On 21/5/2007, the appellant and PW-2 received their weekly remuneration. The appellant and PW-2 proceeded to the market to purchase grocery while deceased stayed back at the room. Later in the day, the three of them consumed liquor. There was an argument between the deceased and the appellant as there was an issue about failure on the part of deceased in contributing monetarily to the purchase of monthly purchases. The altercation between the two escalated into a scuffle. This resulted in a physical fight between the appellant and PW-2. The appellant threatened to kill the deceased which was in the presence of PW-2. PW-2 intervened but the fight went on. PW-1 and PW-3 also intervened and tried to stop the fight. The Appellant was asked to leave the room. PW-2 and deceased-Kaju felt asleep.