LAXIMAN GURAV Vs. STATE OF GOA

JUDGEMENT

(1.) THIS appeal is directed against the Judgment and Order dated 31. 12. 2005, passed by the Sessions Judge, Panaji in Sessions Case No. 26/2004, convicting the appellant-accused of the offence under Section 304-I of the Indian Penal Code (for short "ipc") and sentenced him to undergo rigorous Imprisonment for 7 years and to pay a fine of Rs. 2,000/- and in default, to undergo Simple Imprisonment for six months. The Court has also directed to pay the fine amount, if recovered, to PW. 8-Sita Gurav, the widow of Rama Gurav, the deceased.

(2.) THE case of the prosecution is that on 26. 2. 2004, at 11. 30 hours, pw. 14-Sudan Rane had cut some branches of a jack fruit tree in the compound vicinity of Rama Gurav, the deceased. When the accused came to know about the branches of the jack fruit tree were being cut, he immediately rushed to the Round Forester and made a complaint against Rama Gurav, mahadev Gurav and Sudan Rane. The Round Forester, who was examined as a witness in the present case being PW. 16, sent two Forest Guards, viz. PW. 9-Uttam Bhagat and PW. 10-Suresh Vernekar to verify the fact and to submit report. Accordingly, they went to the site and while they were taking measurements, the accused also reached the site. Thereafter there was wordly altercation between the accused and Rama Gurav over the cutting of branches of the jack fruit tree. It is alleged that the accused removed a concealed knife from his shirt and stabbed Rama Gurav on the right side of chest. As a result of the blow, Rama Gurav collapsed in the courtyard and at that time, the accused inflicted another blow on the back of the deceased. This incident was allegedly witnessed by PW. 8-Sita Gurav, PW. 9-Uttam Bhagat and PW. 10-Suresh Vernekar.

(3.) THE prosecution, to bring home the guilt of the accused, has examined as many as 23 witnesses, including 3 eye witnesses, two neighbours, panchas, etc. They all have supported the prosecution case.