FAKIRAPPA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THESE two appeals are directed against the judgment dated 26th August 1994 in Sessions Case No. 14 of 1993 on the file of the District and Sessions Judge, South Goa, at Margao. We may mention that Criminal Appeal No. 33 of 1994 is filed by the accused through his advocate. It appears subsequently the accused sent a jail appeal and that is registered as Criminal Appeal No. 37 of 1994. In other words both the appeals are by the same accused and against the same judgment and therefore both are being disposed of by this common judgment. We have heard the learned counsel for the accused and the learned Public Prosecutor for the State.

(2.) THE prosecution case is that P. W. 1, P. W. 6, the accused and the deceased Mallikarjun were working as labourers for a Contractor P. W. 4 Devappa. It is also in evidence that these four persons were staying in a building which was under construction. It appears that on the fateful night, namely, 3rd February 1993, after dinner all these four persons slept in that building. It appears that during midnight the accused woke up P. W. 1 Hanumantappa and told him that he has killed Mallikarjun and told him not to tell anybody. The accused is again said to have woken up Sadashiv and again confessed before him that he has killed Mallikarjun and asked him not to tell anybody. P. W. 1 and P. W. 6 went and saw the dead body of Mallikarjun with bleeding injury on the head. It is also the prosecution case that on the next morning the accused left the place. P. W. 1 came back, contacted the Contractor P. W. 4 and thereafter gave an oral complaint of the incident which resulted in the death of Mallikarjun. The police registered a case and took up the investigation. The police searched for the accused but he was not to be found. The spot panchanama was also prepared. The hammer which was lying nearby was also seized. The dead body was subjected to post-mortem examination. During the course of the investigation the accused came to be arrested from his native place on 6th February 1993. The clothes of the accused came to be seized. In the course of investigation some witnesses were examined. After the usual investigation was completed charge-sheet was filed alleging that the accused had committed offences punishable under Sections 302, 201 and 506 of the Indian Penal Code. The defence of the accused was one of total denial.

(3.) THE prosecution examined 11 witnesses in support of its case. The accused examined two witnesses on his behalf. After hearing arguments the learned Sessions Judge held that the prosecution has proved its case and convicted the accused of the offences punishable under Sections 302 and 506 I. P. C. and sentenced him to suffer imprisonment for life under Section 302 I. P. C. and suffer rigorous imprisonment for 6 months for the offence under Section 506 I. P. C. The accused was acquitted for the offence under Section 201 I. P. C. Being aggrieved by the conviction and sentence, the accused has come in appeal.