ABHIJIT PATIL Vs. STATE OF GOA

JUDGEMENT

(1.) By this appeal, the appellant is challenging the judgment dated 29/4/2013 passed by the learned Sessions Judge at Margao in Sessions Case No. 32/2010/I. By the impugned judgment, the appellant has been convicted for the offence punishable under section 302 of I.P and has been sentenced to suffer imprisonment for life and to pay a fine of Rs.10,000/- and in default to suffer simple imprisonment for six months.

(2.) The prosecution case may be briefly stated thus:- That the deceased, Miss Mushrufia Shaikh alias Muskan and the appellant were both working as receptionists in a Hotel by name Nanutel at Margao. It is said that the appellant was in love with the deceased and the deceased was not inclined to reciprocate. The incident in question has happened on 13/6/2010 at about 16.25 hours opposite Keni Petrol Pump and in front of Shashikant Naik shop, near old bus stand at Margao in which the accused had stabbed Muskan with a knife on the neck and on the other parts of the body, causing her death.

(3.) On the basis of a complaint lodged by one Noorudin Shaikh (PW.2) an offence under Section 302 of I.P.C, was registered against the appellant. During the course of the investigation the Investigating Officer PSI Santosh Desai (PW.15) recorded statement of the witnesses, drew the spot panchanama of the scene of offence. The inquest panchanama of the dead body of Muskan was drawn and the dead body was sent for post mortem examination. PW.8 Dr. Swetlana Gomes conducted the post mortem examination in which she found as many as 18 stab injuries on the person of the deceased. The Investigating officer also conducted certain seizures. An identification parade was held by PW.6, S. B. Faria, Special Judicial Magistrate in which the witnesses have identified the appellant to be the assailant. After completion of the investigation, a charge sheet came to be filed before the learned Judicial Magistrate First Class at Margao, which was committed to the Court of Sessions.