SHIRI ALIAS SHRIKANT GAUNKAR Vs. STATE OF GOA

JUDGEMENT

(1.) This appeal is by the accused, aged 24 years, who has been convicted and sentenced under Section 302 I. P. C. to suffer life imprisonment and to pay a fine of Rs. 10,000/in default to undergo S. I. for 6 months.

(2.) Mahadev G. Deikar, aged about 40 years, the deceased, and the accused were both residents of village Ambaulim in Quepem Taluka. It appears that the accused is from ward known as Shepem while the deceased is from a ward known as Kargegal, though the evidence on this aspect appears to be conflicting. The deceased was working as a loader on a tipper truck of one Kantu Dessai and used to go to work at 5 a. m. and return home at 8 p. m. On 2132001, the deceased went for his work as usual but returned early at about 2 p. m. , as the truck had to be kept for repairs in the garage. The deceased had lunch, rested for some time and left the house at about 6 p. m. The wife of the deceased, PW15/madhuri Deikar waited for him till 10 p. m. and on the next day on 2232001 got up at about 5 a. m. and went in search of the deceased. She visited her nephew Devidas who told her that the deceased was seen at about 7 p. m. in the bar of PW10/prakash Gaonkar at Akamol, Ambaulim. She went in search of the deceased but could not find him. She contacted PW14/vinanti Deikar, her neighbour and both went again in search of the deceased but not finding him returned for lunch and at about 2. 30 p. m. started the search again and this time they took a path leading to a place known as Vagdongor which according to PW15/madhuri is at a distance of about half an hour's walk from her house, and, while searching they found the dead body of the deceased in the bushes on the said hillock, Vagdongor. They found that the face of the deceased was full of blood and there were injuries on his face. PW14/vinanti Deikar rushed back and informed her husband and her uncle PW1/surya Deikar, the elder brother of the deceased. According to PW14/vinanti the accused is also her neighbour and they are residents of the same ward. According to PW14/vinanti, the deceased was not found on the road leading to their house from Arcamol but was found at a distance of about 40 meters approximately. PW1/surya Deikar lodged a complaint which was registered at about 5 p. m.

(3.) As a result of the said complaint PW25/i. O. summoned a dog squad and he proceeded to the scene where he recorded the scene of offence panchanama, prepared a sketch and an inquest panchanama. PW18/manoj took photos of the scene of offence. PW6/satish Sawant Dessai has narrated in detail as to the articles which were found near about the dead body of the deceased. According to PW6/satish Sawant there was a pathway near the body of the deceased. As per PW6/satish Sawant near about the dead body they saw kurkure/crispies/mo. 12, betel nut/mo. 16, betel leaf/mo. 13, a pen/mo. 15, a cap/mo. 14, two pairs of slippers, namely one pair of payal make of green colour/mo. 17 and another pair of paragon make of blue colour/mos. 18 and 19. The green colour slippers/mo. 17 were subsequently identified by PW15/madhuri Deikar as belonging to the deceased. Upon the arrival of the dog squad headed by dog handler PW21/krishnanath, the latter noticed only the green colour payal slippers and gave smell of one of the slippers to the Police dog by name Gama and the said Gama is stated to have gone at a distance of about half a kilometer and then stopped in front of a house which was stated to be that of the accused. The green colour slippers/mo. 17 were shown to PW21/krishnanath in Court and he identified the same. According to him, he had not seen any blue colour slippers/mos. 18 and 19. It is, therefore, obvious from the evidence of PW21/krishnanath that the Police dog Gama barked at a wrong house for it barked in the direction of the house of the accused when it was given the smell of the slippers of the deceased.