IRRAGONDA DESAI Vs. STATE OF GOA

JUDGEMENT

(1.) This appeal is by the accused who has been convicted for uxoricide and sentenced to suffer Life Imprisonment by judgment dated 9th May, 2006 of the learned Ad hoc Additional Sessions Judge, Margao.

(2.) The accused, his wife Laxmi, the deceased and P. W. 7 Lala Shirodkar were all working for Salgaonkar Farm, at Collum owned by Anil Salgaonkar and managed by p. W. 9 Manjunath Hegde. The relations between the accused and his wife, the deceased, were strained and apparently because the accused suspected her fidelity, suspecting that she was having extra marital relations with the said P. W. 7 Lala shirodkar, Previously, there were assaults by the accused on his deceased wife and at least twice written complaints were filed to the police, one of which was registered under crime No. 12/02 and the other under crime No. 29/03. The Crime No. 12/02 under sections 324 and 506 I. P. C. became subject-matter of C. C. No. 27/s/02 and the case was compounded before the learned judicial Magistrate, First Class, Sanguem. The quarrels between the accused and the deceased even continued at the work place and, as a result of which, P. W. 9 Manjunath hegde, terminated the services of the accused about 2 years prior to the incident.

(3.) The incident took place on 6. 7. 2003 in the very house of the accused and the deceased where their son P. W. 8 Sunil Dessai was present. The incident took place into two parts, so to say. First, it is the deceased who was assaulted and later P. W. 7 lala Shirodkar. As far as the assault on P. W. 7 Lala Shirodkar is concerned, the same became the subject-matter of Sessions Case no. 32/03 under section 307 I. P. C. and it ended in conviction of the accused. The accused was sentenced to undergo Rigorous imprisonment for a period of two years and directed to pay a fine of Rs. 1,000/- in default, to undergo one month's Simple Imprisonment. The accused did not prefer any appeal against the said conviction and sentence and the same has attained finality.