UMAKANT SAWANT Vs. STATE

JUDGEMENT

(1.) THE appellant is the accused in Sessions Case No. 9/1993 on the file of the District and Session Judge, South Goa, Margao. He was charged under Section 302 I.P.C. alleging that on 5.12.1992 at 20.45 hours at Pontemol, he has committed murder by intentionally causing death of his father Ramrai Sawant, aged about 70 years, by assaulting him with fist blows and thereafter sitting on him and due to which his vital organs were damaged, causing instant death.

(2.) THE learned Sessions Judge found him guilty under Part II of Section 304 I.P.C. and sentenced him to undergo rigorous imprisonment for 5 years which commenced from 5.12.1992.

(3.) ACCORDING to the prosecution as disclosed in the F.I.R., the accused came home drunk at about 8.45 p.m. on 5.12.1992 and kicked the deceased. Therefore, the accused . came to the kitchen and called his mother using filthy language and then she ran away to her daughter's house at Kakoda. She returned back with her daughter and sister -in -law and found the deceased lying. Ramrai died at about 10.30 p.m. and F.I.R. was lodged by his wife Sitabai