BASANT MAHATO Vs. STATE THROUGH PONDA POLICE STATION

JUDGEMENT

(1.) The challenge in this appeal is to the conviction of the appellant for the offence punishable under section 302 of I.P.C. The appellant 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 appellant and now deceased, Rajesh Indawar were room-mates staying, in a room at the factory premises of Mandovi Metals Pvt. Ltd., Kundaim-Goa. In the night intervening between 5th and 6th December, 2011, both the appellant and the deceased had an altercation while under influence of liquour. According to the prosecution, the appellant assaulted the deceased with a sickle resulting in his death.

(3.) The prosecution examined in all 13 witnesses and produced the record of the investigation. The appellant did not enter into the witness box nor examined any defence witnesses. The defence of the appellant is of total denial and false implication.