TULSIDAS GAUDE Vs. STATE OF GOA AND ANR.

JUDGEMENT

(1.) By this appeal, the appellant is challenging the judgment dated 28/05/2014, passed by the learned Sessions Judge at Panaji in Sessions Case No.31/2010. By the impugned judgment, the appellant has been convicted for the offences punishable under Section 504 and Section 302 of Indian Penal Code (IPC, for short). For the offence punishable under Section 504 of IPC, the appellant has been sentenced to undergo imprisonment for a period of six months and to pay a fine of Rs. 1,000/- and in default, to undergo Simple Imprisonment for one month. For the offence punishable under Section 302 of IPC, the appellant has been sentenced to suffer imprisonment for life and to pay a fine of Rs. 1,000/- and in default, to undergo Simple Imprisonment for 3 months.

(2.) The prosecution case may be briefly stated thus :

(3.) Sunanda (PW-2) lodged a complaint of the incident with Police Station, Ponda on 02/06/2010, on the basis of which, offence under Sections 504 & 326 of IPC came to be registered under the relevant Sections and the investigation was carried out, in which the Investigating Officer (IO) recorded the statements of the witnesses and conducted spot panchanama. On the death of Sanjay, the offence was converted to one under Section 302 of IPC. The IO carried out the inquest panchanama of the dead body of the deceased, which was sent for postmortem examination. The IO conducted seizure panchanama and on completion of investigation, a charge-sheet came to be laid before the learned Judicial Magistrate, First Class at Ponda, which was committed to the Court of Sessions.