ROGHU NAIK Vs. STATE OF GOA

JUDGEMENT

(1.) THE appellant is the accused in Sessions Case No. 48/92 who has been convicted by the learned Addi. Sessions Judge, Mapusa, for offences of attempt to commit rape, robbery and murder. By judciment dated 23rd March, 1994 the learned Addi. Sessions Judcie has held the appellant guilty for offences under sections 302, 376 read with Sections 511, 394 and 380 of I. P. C. and sentenced him to undergo imprisonment for life and to pay a fine of Rs. 2000/- in default to undergo six months R. I. in respect of offence under Section 302 I. P. C. , three years R. I. in respect of the offence under section 376 read with Section 511 of I. P. C. , five years R. I. and to pay a fine of Rs. 2000/- and in default to, undergo six months R. I. for the offence under Section 394 of I. P. C. and R. I. for a period of three years and a fine of Rs. 1000/- or in default to undergo three months R. I. so far the offence under Section 380 is concerned. A further direction was given in the judgment that all the sentences of imprisonment should run concurrently.

(2.) THE prosecution case is that on or about 4th March, 1992, between 9 p. m. to 10 p. m. , at Ambirna, Socorro, the accused attempted to commit rape on Sangeeta Babu Redkar and on the same occasion robbed her gold chain, a gold ring and a wrist watch she was wearing and in the process of committing robbery and knowingly has intentionally caused her death by throttling her neck. Thereupon on or about the intervening night of 4th and 5th March, 1992 the accused committed theft of a two-in-one set of Phillips make from the house of Sangieetas mother, Jayashree, by dishonestly removing it from her custody.

(3.) THE accused pleaded not guilty to the charge. The learned Addi. Sessions Judge by relying on the evidence recorded by the prosecution found the accused otherwise and sentenced him accordingly.